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Madras High CourtCRL OP(MD)/14596/2020dismissed as infructuous

Mr.M.Jeevanandam v. The Inspector Of Police

2023-04-20Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.14596 of 2020 and Crl.M.P.(MD)Nos.6875 of 2020 & 528 of 2021 M.Jeevanandam ... Petitioners /Accused No. 1 Vs.

1.The Inspector of Police, Keelavalavu Police Station, Madurai District, Madurai.

(Crime No.142 of 2019) ... 1st Respondent / Complainant 2.Dhanalakshmi ... 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.142 of 2019, dated 29.05.2019, on the file of the first respondent Police and to quash the same as illegal as against the petitioner. For Petitioner : Mr.S.Rajasekar 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.142 of 2019 on the file of the respondent police.

2. On the side of the prosecution, it is stated that already investigation was over, charge sheet was filed on 10.03.2022 before the Judicial Magistrate, Melur.

3. On the side of the petitioner, it is stated that there is a stay and the filing of the charge sheet is illegal.

4. A verification of the records reveals that the stay order was granted on 11.12.2020, which was not extended after 05.02.2021. Since the stay order was not extended after 05.02.2021, this Petition is dismissed as infructuous. The trial Court is directed to take the charge sheet on file and dispose of the case with in a period of six months from the date of receipt of copy of this order. Since the Original Petition is dismissed as infructuous, the impleading petition and the stay petition are also dismissed.

NCC : Yes/No Index : Yes/No 20.04.2023 Ls 2/4

To

1. The Inspector of Police, Keelavalavu Police Station, Madurai District, Madurai.

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

Copy to The Judicial Magistrate, Melur.

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R.THARANI. J.

Ls Crl.O.P.(MD)No.14596 of 2020 20.04.2023 4/4