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2026 Supreme(Online)(Mad) 38156
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
Thangam – Appellant
Versus
Inspector of Police, Saptur Police Station, Madurai District – Respondent
Crl.MP(MD) No.3528 of 2023 | Cr.No.210 of 2021 | CRL OP(MD) No.3933 of 2023
For Petitioner: Mr. Anandha Rajagopal.S
For Respondents: Mr.B.Nambi Selvan - R1 Additional Public Prosecutor
FIR quashing petition becomes infructuous after charge sheet filing; challenge charge sheet separately.
Headnote:First Paragraph: The petition under S.528 BNSS seeks to quash FIR in Crime No.210/2021 registered at Saptur Police Station. Essential facts involve allegations constituting an offence leading to investigation and charge sheet filing before Magistrate Court. Court finds charge sheet filed, rendering FIR quashing infructuous. Second Paragraph: Key issue is quashing of FIR post charge sheet. Ratio is that once charge sheet filed after investigation, petitioner must challenge it separately in manner known to law. Last Paragraph: Petition closed, liberty preserved to challenge charge sheet.
| Table of Content |
|---|
| 1. petition filed to quash fir under bnss. (Para 1) |
| 2. charge sheet filed, petition infructuous. (Para 2) |
| 3. petition closed with liberty to challenge charge sheet. (Para 3 , 4) |
O R D E R
This Criminal Original Petition has been filed seeking to quash the FIR in Cr.No.210 of 2021 on the file of the respondent police.
2.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent Police submitted that in the present case charge sheet has already been filed before the concerned Magistrate Court. Hence, nothing survives for further adjudication.
3.Since this petition is filed to quash the FIR, now the respondent police, after completion of investigation filed a charge sheet before the concerned Court and as per FIR there are some allegations to constitute the offence, it is for the petitioner to challenge the charge sheet, in the manner known to law, if aggrieved.
4.In view of the same, preserving liberty of the petitioner to challenge the charge sheet, this criminal original petition stands closed.
