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Madras High CourtCRL OP(MD)/21268/2023dismissed

A.Nepoleon v. The Inspector Of Police

2024-01-10Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.01.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Nepoleon .. Petitioner Vs.

1.The Inspector of Police, Vigilance and Anti-Corruption Police Station, Karur District.

(Crime No.3 of 2020) 2.Rekha 3.Govindan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned First Information Report in Crime No.3 of 2020 on the file of the first respondent police dated 20.05.2020 and quash the same as illegal as against the petitioner alone.

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For Petitioners : Mr.T.Lajapathi Roy, Senior Counsel, for M/s.Lajapathi Roy and Associates For Respondents : Mr.A.Thiruvadi Kumar, - for R1 Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure seeking to quash the FIR in Crime No.3 of 2020 on the file of the first respondent police.

2. When the matter came up for hearing today, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing on behalf of the State, on instructions from Mr.K.Saminathan, Inspector of Police, Vigilance and Anti-Corruption, Karur, submitted that the investigation in Crime No.3 of 2020 has already been concluded and the final report has also been filed before the concerned Court and the same is yet to be taken on file. He further submitted that in view of the same, the prayer sought for in this petition has become infructuous.

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3. The said submission made by the learned Additional Public Prosecutor is placed on record. Normally, after filing of the charge sheet, the prayer for quashing the FIR cannot be granted and the Court will not interefere with the same. Therefore, the learned counsel for the petitioner shall challenge the charge sheet under the provisions of law, inspite of pursuing the present case, if so advised in the manner known to law.

4. With the above observation, the Criminal Original Petition is dismissed as infructuous.

10.01.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 3/5

To 1.The Inspector of Police, Vigilance and Anti-Corruption Police Station, Karur District.

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

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VIVEK KUMAR SINGH, J.

RM 10.01.2024 5/5