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Madras High CourtCRL OP(MD)/12613/2023dismissed

N.Mohamed Sheriff v. The Inspector Of Police

2023-07-13Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN CRL.O.P.(MD)No.12613 of 2023 and CRL.M.P.(MD)No.9887 of 2023 1.N.Mohamed Sheriff 2.S.Surya ... Petitioners / Accused Nos.1 & 2 Vs.

1.The Inspector of Police, Theppakulam Police Station, (Crime No.165 of 2023) ... 1st Respondent / Complainant 2.Sathyamoorthy ... 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, praying this Court to call for the records pertaining to the impugned FIR in Crime No.165 of 2023 dated 16.04.2023 pending on the file of the 1st respondent Police and to quash the same.

For Petitioners : Mr.M.Asif Mohamed For R1 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition is filed seeking quashment of FIR in Crime No.165 of 2023, dated 16.04.2023 pending on the file of the 1st respondent.

2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the 1st respondent has submitted that the respondent Police has completed the investigation and filed charge sheet by way of e-filing C.C.No.4816 of 2023 against the petitioners for the offences under Sections 294(b), 323 and 506(i) IPC before the learned Judicial Magistrate No.I, Madurai on 13.06.2023.

3.The same is recorded. Since the purpose of filing this petition is defeated, this petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed as having become infructuous. However, the petitioners are at liberty to challenge the charge sheet, if they advised to do so. Consequently, connected miscellaneous petition is closed. 13.07.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No Yuva 2/4

To 1.The Inspector of Police, Theppakulam Police Station.

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

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DR.D.NAGARJUN. J.

Yuva CRL.O.P.(MD)No.12613 of 2023 13.07.2023 4/4