Summary
| Category | Data |
|---|---|
| Case Name | CRL OP/25733/2022 of Mohankumar Sheshmal Vs The State |
| CNR | HCMA011640762022 |
| Decision Date | 13-12-2023 |
| Disposal Nature | Dismissed |
| Judgment Author | Honourable Mr Justice Vivek Kumar Singh |
| Court | Madras High Court |
| Bench | Single Judge |
| Type of Law | Criminal Law (Section 482 CrPC) |
| Questions of Law | Can a petition under Section 482 CrPC to quash an FIR be entertained after the filing of the final report under Section 173 CrPC? |
| Ratio Decidendi |
|
| Logic / Jurisprudence | Once the investigation culminates in a final report, there is no live controversy for Section 482 intervention. The court must dismiss quash petitions that have become infructuous. |
| Facts as Summarised by the Court | Petitioners challenged FIR No. 169 of 2022 registered by the Central Crime Branch, Egmore, Chennai. The State informed the court that a final report had been filed. The court held the petition infructuous and dismissed it. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under the Madras High Court |
| Persuasive For | Other High Courts considering quash petitions under Section 482 CrPC |
What’s New / What Lawyers Should Note
- Clarifies that a petition under Section 482 CrPC to quash an FIR is rendered infructuous once the investigating agency files the final report under Section 173 CrPC.
- Reaffirms that the High Court’s inherent powers cannot be invoked to quash an FIR post-closure report.
- Counsel should ensure quash applications are filed before the conclusion of the investigation or the filing of the final report.
Summary of Legal Reasoning
- Petitioners filed Crl.O.P. No. 25733/2022 under Section 482 CrPC to quash FIR No. 169 of 2022.
- The Government Advocate (Criminal Side) informed the court that the final report had been filed.
- The court observed there was no live controversy once the investigation concluded with the final report.
- Relying on the principle that inherent jurisdiction under Section 482 CrPC cannot be exercised post-closure report, the petition was dismissed as infructuous.
Arguments by the Parties
Petitioner
- Sought to quash FIR No. 169 of 2022 registered by the Central Crime Branch, Egmore, under Section 482 CrPC.
State (Respondent No. 1)
- Submitted that the final report under Section 173 CrPC had been filed, rendering the petition infructuous.
Factual Background
Petitioners challenged FIR No. 169 of 2022 lodged by the Central Crime Branch, Egmore, Chennai. They sought to quash the FIR under the High Court’s inherent powers (Section 482 CrPC). During the hearing, the State informed that the investigation had concluded and a final report filed. The court held that, in the absence of a continuing investigation, the quash petition was infructuous and dismissed it.
Statutory Analysis
- Section 482 CrPC: Inherent powers of High Court to quash criminal proceedings.
- Section 173 CrPC: Filing of the final report concludes the investigation.
The judgment confirms that once Section 173 CrPC final report is submitted, no further Section 482 intervention is permissible.
Alert Indicators
- ✔ Precedent Followed – Affirms that quash petitions under Section 482 CrPC are infructuous post-final report.