Madras High Court
P.Yuvarajan vs The State Rep By Its on 9 September, 2022
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
1/4
https://www.mhc.tn.gov.in/judis
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.5510 of 2021 and
Crl.M.P.No.3554 of 2021
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
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.
Crl.O.P.No.5510 of 2021 and
Crl.M.P.No.3554 of 2021
09.09.2022
https://www.mhc.tn.gov.in/judis
