Madras High CourtCRL OP(MD)/6510/2019dismissed as infructuous

S.Sridhar, v. The Inspector Of Police

2019-11-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.6510 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.6510 of 2019 and Crl.M.P.(MD) Nos.4334 and 4335 of 2019 1.S.Sridhar 2.S.Ramasubramanian ...

Petitioners/Accused Nos.1 & 2 Vs 1.The Inspector of Police, City Crime Branch, Trichy City, Crime No.47 of 2018 ... 1st Respondent/Complainant 2.T.Sankaralingam ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the First Information Report in crime No.47 of 2018 dated 26.11.2018 on the file of the respondent No.1 for offences under Sections 465, 468, 471, 406, 420 and 506(i) I.P.C. and quash the same as illegal. For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for R1 Mrs.R.Sridevi for R2

O R D E R

This petition has been filed to quash the First Information Report in crime No.47 of 2018 dated 26.11.2018 on the file of the respondent No.1 for offences under Sections 465, 468, 471, 406, 420 and 506(i) I.P.C. as illegal.

2.The learned Government Advocate (criminal side) appearing for the 1st respondent submitted that the 1st respondent, after completed the investigation, filed final report in crime No.47 of 2018 and it has been taken cognizance in C.C.No.1416 of 2019 on the file of the Judicial Magistrate No.II, Trichy.

3.The learned counsel appearing for the petitioner would submit that though this Court ordered interim stay of investigation in crime No.47 of 2018 and the same is also in force, the 1st respondent completed the investigation and file the charge sheet, which amount to disobedience of this Court.

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Crl.O.P.(MD) No.6510 of 2019 4.Considering the facts and circumstances of the case, this Court is of the view that since the prayer sought for by the petitioner has become infructuous, this petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. However, the petitioners are at liberty to challenge the final report and raise all the grounds raised in this petition, for quashing the charge sheet.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Inspector of Police, City Crime Branch, Trichy City.

2.The Judicial Magistrate No.II, Trichy.

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

+2 CC to M/s.R.SRIDEVI, Advocate ( SR-97313[F] dated 11/11/2019 ) +1 CC to Mr.T. LAJAPATHY ROY, Advocate ( SR-97543[F] dated 12/11/2019 ) Order made in CRL.O.P (MD) No.6510 of 2019 11.11.2019 VB(25.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2