Madras High CourtCRL OP/23842/2019dismissed as infructuous

R.Padmanaban v. The State Rep By Its,

2022-12-21Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA and Crl.M.P. No.12572 of 2019

1. R.Padmanaban

2. M.Amutha ... Petitioners Vs.

1. The Inspector of Police, All Women Police Station, Ammapet, Salem District.

2. Kalaivani ... Respondents Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records and quashing the FIR in so far s the petitioner is concerned in Cr. No.18/2019 on the file of the first respondent. For Petitioners : Mr. R.Venkatraman For Respondent-1 : Mr. A.Gopinath Government Advocate (crl.side) 2 : No appearance 1/4

ORDER

This petition has been filed to call for the records and quash the FIR in Cr. No.18/2019 on the file of the first respondent.

2. The learned Government Advocate (Crl.side) submitted that in this case investigation has been completed and charge sheet has been filed in C.C. No.1106/2021 and in view of the same the matter has become infructuous.

3. However, it is submitted by the learned counsel for the petitioner that the petitioner has obtained stay of further proceedings; however investigation has been done and hence contempt proceedings has been initiated.

4. The learned Government Advocate submitted that the investigation has been done by taking into consideration of the guidelines laid down by the Hon'ble Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd. Vs. The Central Bureau of Investigation reported in (2018) 16 SCC 299 .

5. This can be a matter of contention in the contempt petition which is 2/4

said to be pending in this regard. The petitioner can workout his remedy in the contempt proceedings, if at all there is any violation of the order of the Court. So far as this petition is concerned, the prayer has become infructuous.

6. In view of the above, this Criminal Original Petition is dismissed as infructuous. Connected miscellaneous petition is closed. 21.12.2022 Index : Yes/No Speaking Order : Yes / No bkn To:

1. The Inspector of Police, All Women Police Station, Ammapet, Salem District

2. The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J., bkn 21.12.2022 4/4