Madras High CourtCRL OP/26836/2009dismissed as infructuous

R.Ramaprabhu v. The Sub Inspector Of Police

2019-11-05Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.26836 of 2009 and M.P.No.1 of 2009

1. R. Ramaprabhu

2. C.Raman

3. K.Vedavalli

4. R.Ramapraba

5. R.Ramprasad

6. R.Ramrajan

...Petitioners /Accused 1 to 6

Vs.

1. The State rep. By, The Sub-Inspector of Police, Ambur All Women Police Station, Vellore District.

(Crime No.10/2009) ...Respondent/Complainant

2. D.Anbuchezhian ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records of 1st respondent in connection with the case in Cr.No.10 of 2009 on the file of Ambur All Women Police Station, Vellore District and quash the same.

For Petitioners : Mr.R.Srinivas For Respondents : Mrs.T.P.Savitha, Govt. Advocate (Crl.Side) for R1 Notice Served-No Appearance for R2

ORDER

This criminal original petition has been filed seeking to quash the proceedings in Crime No.10 of 2009 on the file of the first respondent police.

It is seen that earlier, this Court granted stay in this matter and on 05.01.2017, this criminal original petition was dismissed for non-prosecution and subsequently on 07.09.2017 the same was restored on file.

Learned Government Advocate (Crl.Side) would submit that after dismissal of this petition on 05.01.2017 for nonhttps://hcservices.ecourts.gov.in/hcservices/

prosecution, the Investigating Officer has proceeded with investigation and on 15.09.2019 charge sheet has also been filed before the learned Judicial Magistrate, Ambur, and the learned Government Advocate has produced the copy of the final report.

In view of the above submissions, since charge sheet has been filed, there is no question of quashing the Crime No.10 of 2009 as sought for by the petitioner and this criminal original petition is dismissed as infructuous. Consequently connected miscellaneous petition is closed. However, the petitioner is at liberty to raise all his defence before the trial Court.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cgi To

1. The Judicial Magistrate, Ambur.

2. The Sub-Inspector of Police, Ambur All Women Police Station, Vellore District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Srinivasan, Advocate Sr.92276 Crl.O.P.No.26836 of 2009 and M.P.No.1 of 2009 pvs[co] srg 05/12/2019 https://hcservices.ecourts.gov.in/hcservices/