Kanniammal v. the Inspector of Police
Case brief
What is this about?
Petitioner sought direction under CrPC Sec. 482 for a final report in a missing person case after decades. Court held police cannot close such FIR until the person is found or declared dead, keeping it open pending declaration or trace.
What did the court decide?
The Criminal Original Petition was closed without directing the police to file a final report.
What the court decided
A compact analysis
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Kanniammal
Crl.OP.No.13362 of 2016 ... Petitioner
Vs
The Inspector of Police, M-5 Police Station Ennore, Ennore, Chennai - 57. ... Respondent
Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent police to file a final report in Crime No.64 of 2003 on the file of the M-5 Ennore Police Station, Ennore within a time frame fixed by this Hon'ble Court.
For Petitioner :J.A.Mechail Kanistan
For Respondent :Mr.C.Emalias Additional Public Prosecutor
ORDER
Issues for consideration
1 issue framed by the court
Whether the police can be directed to file a final report in a missing persons case where the person is neither found alive nor declared dead.
Parties & counsel
- petitioner
Kanniammal
- respondent
The Inspector of Police, M-5 Police Station Ennore
Coram
P.N. Prakash
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court