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Madras High CourtCRL OP(MD)/853/2020dismissed as infructuous

S. Kanaka Rathinamani v. The Sub Inspector Of Police

2023-03-07Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.853 of 2020 and Crl.M.P.(MD)No.383 of 2020 S. Kanaka Rathinamani ... Petitioner / Accused No.2 Vs.

1.The State Rep. by the Sub Inspector of Police, Thazhamuthunagar Police Station, Thoothukudi.

... 1st respondent / complainant 2.Anthony Karunakaran ... 2nd respondent /defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the F.I.R. in Crime No.301 of 2019 on the file of the first respondent police and quash the same. For Petitioner : Mr.R.Shriram For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1 : No appearance for R2 1/4

O RDER This petition is filed to quash the F.I.R in Crime No.301 of 2019 on the file of the first respondent police

2. On the side of the petitioner, it is stated that during the pendency of the order of Stay, not to file a final report, the respondent police filed a final report.

3. On the side of the prosecution, it is stated that the charge sheet was filed on 10.01.2020, even prior to the date of stay order, ie., on 22.01.2020.

4. Since the charge sheet was filed much earlier from the date of stay order, there is nothing survives for adjudication. Hence, this Petition is dismissed as infructuous. Liberty is given to the petitioner to question the charge sheet, if she is so advised. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes/No Index : Yes/No 07.03.2023 Internet : Yes/No Ls 2/4

To

1. The Sub Inspector of Police, Thazhamuthunagar Police Station, Thoothukudi.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.THARANI. J.

Ls 07.03.2023 4/4