The Madurai Bench of the Madras High Court closed a criminal original petition seeking quashing of an FIR on the ground of mistake of fact. The court noted arguments regarding investigation and legal recourse for all parties.
Criminal Original Petition stands closed; connected miscellaneous petition also closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.11.2013
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Crl.O.P(MD)No.17925 OF 2013 AND
1.J.H.NAJMUDEEN 2.SERENA BEGUM 3.NADEEM AHAMED 4.RAFIQ @ ABDUL RAHUMAN ...PETITIONERS/ACCUSED 1, 4, 3 & 2
Vs
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned F.I.R. in Crime No.1313/2013 on the file of the first respondent police and quash the same.
For Petitioners : Mr.P.L.Narayanan Senior Counsel for M/s.J.Nisha Banu For Respondent-1 : Mrs. S.Prabha Government Advocate (Crl.Side) For Respondent-2 : Mr.V.Vaidyalingam
ORDER
Recording the submission of the learned Government Advocate[Crl side] that the case stands closed as mistake of fact, this petition shall stand closed. Consequently, connected miscellaneous petition is also closed.
2.We also taking note of the submission of the learned counsel for the second respondent who informs that the case is one calling for investigation, it would be open to the de-facto complainant to take recourse to such remedies available to him in law. More so, it would be open to the petitioners to take legal recourse towards all and any harm as may have been occasioned to them pursuant to filing of the present complaint.
Srm
Sd/-
Assistant Registrar
/True copy/
Sub Assistant Registrar
To
Order made in Crl.O.P(MD)No.17925 of 2013
Dated:21.11.2013
2P/5C RPB 20.12.2013
2 issues framed by the court
Whether the First Information Report (FIR) in Crime No. 1313/2013 should be quashed under Section 482 CrPC as a mistake of fact.
Whether the de-facto complainant is entitled to seek remedies in law given the case calling for investigation.
1 provisions across 1 enactments
J. N. Najmudeen
Serena Begum
Nadeem Ahamed
Rafiq @ Abdul Rahuman
State represented by the Inspector of Police, Cantonment Police Station, Trichy
M. Selvam
C.T. SELVAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
