Madras High CourtCRL OP(MD)/17271/2023disposed of

M.Selva Ganesh v. The Inspector Of Police

2023-09-26Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and Crl.M.P.(MD).No.13699 of 2023 M.Selva Ganesh ... Petitioner Vs 1.State through the Inspector of Police, S.S.Colony Police Station, Madurai City.

(Crime No.1250 of 2019) 2.The Inspector of Police, ATHU/ACTU Wing, Madurai City.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the entire records pertaining to the case in Crime No.1250 of 2019, on the file of the Inspector of Police, S.S.Colony Police Station, Madurai City and quash the same as against the petitioner. For Petitioner : Mr.R.Anand For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O R D E R

This petition is filed under Section 482 of Cr.P.C. seeking quashment of FIR in Crime No.1250 of 2019 pending on the file of the first respondent Police registered against the petitioner for the offence under Sections 3(2)(a), 4(2)(a), 4(2)(c), 5(1)(a) and 5(1)(d) of the Immoral Traffic (Prevention)Act, 1956 r/w 370A(2) I.P.C.

2. When the matter was taken up for hearing, learned Additional Public Prosecutor submits that the respondent Police have completed the investigation in Crime No.1250 of 2019 and charge sheet is also filed before the learned Judicial Magistrate No.V, Madurai as C.C.No.7558 of 2022.

3. Since the very purpose for filing this petition had already been defeated on account of filing of the charge sheet, cause does not survive for the petitioner. Therefore, the petition is dismissed as infructuous. However, the petitioner is at liberty to challenge the charge sheet, in case, if he is advised so. Consequently, the connected miscellaneous petition is closed. 26.09.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 2/4

To 1.The Inspector of Police, S.S.Colony Police Station, Madurai City.

(Crime No.1250 of 2019) 2.The Inspector of Police, ATHU/ACTU Wing, Madurai City.

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

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DR.D.NAGARJUN, J.

tsg 26.09.2023 4/4