Madras High CourtCRL OP/8429/2017dismissed as infructuous

Ramasamy Subramanian @ v. State Represented By,

2021-10-28Honourable Mr Justice Krishnan Ramasamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY CRL.O.P. NO.8429 OF 2017 AND CRL.M.P. NO.6032 OF 2017 Ramasamy Subramanian @ R.M.Subramanian ... Petitioner

Versus

1. State represented by The Inspector of Police, Economic Offence Wing - II, HQRS, Guindy, Chennai - 600 032.

2. V.Natarajan ... Respondents Criminal original petition filed under Section 482 of the Code of Criminal Procedure, to quash the FIR dated 08.02.2017 in Crime No.2 of 2017 on the file of the respondent police. For Petitioner : Mr.PL.Narayanan For Respondent -1 : Mr.L.Baskaran Government Advocate (Criminal Side) 2 : Mr.V.Rajamohan

O R D E R

This Criminal Original Petition has been filed to quash the FIR dated 08.02.2017, in Crime No.2 of 2017 on the file of the respondent police.

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2. When the matter is taken up for hearing, Mr. L.Baskaran, Government Advocate (Criminal Side), who is representing the first respondent Police submitted that in the present case charge sheet has been filed before the Special Court under TNPID Act, Chennai, on 23.08.2021. Therefore, the prayer in this petition has become infructuous. Hence, he prays for dismissal of the case as infructuous. He further submitted that C.C. number has not yet been assigned and also prayed for assigning C.C. number.

3. Learned counsel for the petitioner submitted that in the event of filing of charge sheet, the case may be dismissed as infructuous with a liberty to the petitioner to challenge the charge sheet.

4. Considering the above submissions and fact that the prayer in this case has become infructuous, this Criminal Original Petition is dismissed as infructuous. However, liberty is granted to the petitioner to challenge the charge sheet, if so advised. The Special Court under TNPID Act, Chennai, is directed to assign C.C. number in Cr. No.2 of 2017 and proceed with the case. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar bkn To

1. The Inspector of Police, Economic Offence Wing - II, HQRS, Guindy, Chennai - 600 032.

2. The Special Judge (TNPID) Act, Chennai.

3. The Public Prosecutor, Madras High Court.

Crl.O.P. No.8429 of 2017 RLD(CO) RLP(17/11/2021) https://hcservices.ecourts.gov.in/hcservices/