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Madras High CourtCRL OP(MD)/13235/2020dismissed as infructuous

K.Vembanan v. The Inspector Of Police

2023-04-13Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R.THARANI and Crl.M.P.(MD)No.6071 of 2020 1.K.Vembanan 2.T.R.Thirumalai Rajan

...Petitioners

Vs 1.The Inspector of Police, District Crime Branch, Dindigul District.

2.Sivasubramani

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records pertaining to the first information report in Crime No.12 of 2020 on the file of the first respondent and quash the same.

For Petitioners : Mr.S.Ramasundarvijayraj For 1st Respondent : Mrs.M.Aasha Government Advocate (Crl. Side) For 2nd Respondent : Mr.Surya Narayanan

ORDER

This petition is filed to quash the FIR in Crime No.12 of 2020 on the file of the first respondent.

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2.On the side of the petitioners, it is stated that there is stay order pending and the chargesheet cannot be filed.

3.On the side of the prosecution, it is stated that a chargesheet was filed on online in C.N.R.No.10386 of 2022 on 28.05.2022 before the learned Judicial Magistrate No.II, Dindigul.

4.On verification of the records, it is seen that the stay order was granted up to 11.01.2021 and the same was not extended thereafter. It is the duty of the petitioners to file a memo for extension of stay order and no memo was filed and there is nothing wrong in filing the chargesheet by the prosecution. Hence, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. 13.04.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn 2/4

To 1.The Inspector of Police, District Crime Branch, Dindigul District.

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

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R. THARANI,J.

Mrn 13.04.2023 4/4