Crl.O.P.No.5510 of 2021 and
Crl.M.P.No.3554 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2022
CORAM:
THE HON'BLE Ms.JUSTICE R.N.MANJULA
Crl.O.P.No.5510 of 2021 and
Crl.M.P.No.3554 of 2021
1.P.Yuvarajan
2.S.Rajamanickam
3.R.Natarajan
4.A.Chettiy Annan @ Mani
... Petitioners
Vs.
1.The State rep by its
The Inspector of Police,
Vennandur Police Station,
Rasipuram Taluk,
Namakkal District.
Crime No.12 of 2020.
2.Mani @ Nallammal ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to call
for the records pertaining to the FIR in Crime No.12 of 2020 on the file of the
Inspector of Police, Vennadur Police Station, Rasipuram Taluk, Namakkal,
Namakkal District and quash the same.
For Petitioners : Mr.M.Senthil Kumar
For Respondents : Mr.A.Damodaran, APP for R1
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Crl.O.P.No.5510 of 2021 and
Crl.M.P.No.3554 of 2021
ORDER
This Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.12 of 2020 on the file of the Inspector of Police, Vennadur Police Station, Rasipuram Taluk, Namakkal, Namakkal District and quash the same.
2. Heard Mr.M.Senthil Kumar, learned counsel for the petitioners and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the first respondent.
3. When the matter was taken up for hearing today, Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the first respondent submitted that the investigation has been completed; the charge sheet has been filed and it was taken on file in C.C.No.118 of 2021 before the Judicial Magistrate, Rasipuram.
4. Mr.M.Senthil Kumar, learned counsel for the petitioners submitted that despite the stay order was pending, the investigation has been done and charge sheet has been filed.
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5. The learned Additional Public Prosecutor submitted that in the judgment of the Hon'ble Supreme Court held in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr Vs. Central Bureau of Investigation [AIR 2018 SC 2039], it is held that if the stay is pending for more than 6 months, it cannot be taken as continuing, unless the petition filed for stay was finally heard and an order of stay is granted on merits.
6. Whatever may be the case, now the investigation has been completed and charge sheet is filed. If the petitioners have got any grievance that the order of the Court is violated, they can file appropriate proceedings, if so advised. Since the charge sheet is filed and the case has also been taken on file by the Trial Court, this Criminal Original Petition has become infructuous.
7. In the result, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.
09.09.2022 Index: Yes/No Speaking / Non Speaking Order gsk 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5510 of 2021 and Crl.M.P.No.3554 of 2021 R.N.MANJULA, J.
gsk To
1.The Inspector of Police, Vennandur Police Station, Rasipuram Taluk, Namakkal District.
2.The Public Prosecutor, High Court of Madras.
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