Madras High Court
P.Muthu @ Muthukrishnan vs The State Rep. By on 6 September, 2022
Crl.O.P.No.3858 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM:
THE HON'BLE Ms.JUSTICE R.N.MANJULA
Crl.O.P.No.3858 of 2021 and
Crl.M.P.No.2301 of 2021
1.P.Muthu @ Muthukrishnan
2.Nataraj
3.Ranjith
... Petitioners
Vs.
1.The State rep. by
The Inspector of Police,
Shevpat Police Station,
Shevpat, Salem City, Salem.
(Cr.No.1298 of 2020)
2.Babu
... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to
call for the entire records concerned in Cr.No.1298 of 2020 on the file of the
Inspector of Police, Shevpat Police Station, Shevpat, Salem City, Salem and
quash the same in so far as the petitioners are concerned.
For Petitioners : Mr.C.prakasam
For Respondents : Mr.A.Damodaran,
Addl. Public Prosecutor for R1
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.3858 of 2021
ORDER
This Criminal Original Petition has been filed to call for the entire
records concerned in Cr.No.1298 of 2020 on the file of the Inspector of
Police, Shevpat Police Station, Shevpat, Salem City, Salem and quash the
same in so far as the petitioners are concerned.
2. Heard Mr.C.Prakasam, learned counsel for the petitioners and
Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the first
respondent and perused the materials placed on record.
3. When the matter was taken up for hearing, the learned Additional
Public Prosecutor submitted that in this matter investigation is already over
and charge sheet has also been filed; it is taken on file in C.C.No.6 of 2022 on
the file of Judicial Magistrate – III, Salem.
4. Mr.C.Prakasam, learned counsel for the petitioner submitted that
despite the stay order was pending, the investigation has been done and charge
sheet has been filed.
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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.3858 of 2021
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 petitioner has got any grievance that the order
of the Court is violated, he 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.
Index: Yes/No 06.09.2022
Speaking / Non Speaking Order
gsk
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.3858 of 2021
R.N.MANJULA, J.
gsk
To
1.The Inspector of Police,
Shevpat Police Station,
Shevpat, Salem City, Salem.
2.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.3858 of 2021 and
Crl.M.P.No.2301 of 2021
06.09.2022
https://www.mhc.tn.gov.in/judis
