The Madurai Bench of the Madras High Court dismissed a criminal original petition filed under Section 482 CrPC seeking a direction to register a case, holding the petition infructuous as the respondent had already registered Crime No./214/2013 based on the complaint.
Petition dismissed as infructuous.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.03.2015
CORAM:
THE HON'BLE MR.JUSTICE T.MATHIVANAN Crl.O.P.(MD) No.11250 of 2013
Thiyagaraja Chettiar .. Petitioner Vs.
State rep. by,
Madurai.
2.The Inspector of Police, Perungudi Police Station, Madurai District. .. Respondents
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the second respondent to register the case based on complaint given by the petitioner on 03.07.2013.
For Petitioner : Mr.B.S.Meltiue [No appearance]
For Respondents : Mr.P.Kandasamy Government Advocate [Criminal side]
This petition is filed under section 482 of the Code of Criminal Procedure, seeking a direction to the second respondent to register a case, based on the complaint lodged by the petitioner on 03.07.2013.
2.Today i.e., on 27.03.2015, when the matter is taken up for hearing, there is no representation on behalf of the petitioner. However, the learned Government Advocate (Criminal side) has submitted that based on the complaint lodged by the petitioner, dated 03.07.2013, the second respondent had registered a case in Crime No.214 of 2013 on 23.08.2013 under sections 451 and 420 of IPC.
3.In view of the above facts, this court finds that since, the purpose of filing of this petition is served already, the petition is dismissed as infructuous.
Sd/-
Assistant Registrar (AS)
Sub Assistant Registrar
2
To,
1.THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT, MADURAI.
2.THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT.
Er
SR/PS : 12.06.2015 : 2p/4c
Crl.O.P.(MD) No.11250 of 2013
27.03.2015
2 issues framed by the court
Whether the petition seeking direction to register a case requires decision after case registration has already occurred.
Whether the petition is maintainable if the object has been achieved.
1 provisions across 1 enactments
Thiyagaraja Chettiar
State rep. by The Superintendent of Police, Madurai District, Madurai and The Inspector of Police, Perungudi Police Station, Madurai District
T. Mathivanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
