Dismissed

V.Sneelakandan Jothidar v. the Commissioner of Police

Madras HC4 Oct 2016CRL OP/20646/2016

Case brief

AI extract

What is this about?

A criminal original petition under Section 482 Cr.P.C. was dismissed. The court recorded the submissions that the underlying FIR was closed as a mistake of fact and there was no substantive issue requiring this court's intervention under the inherent power to prevent abuse of process.

What did the court decide?

Criminal Original Petition No.20646 of 2016 was closed.

V.Sneelakandan Jothidar Vs the Commissioner of Police — Criminal Trial and Appeal | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRDAS

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DATE: 04.10.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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CRL.O.P.No.20646 OF 2016

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V.S.Neelakandan Jothidar .. Petitioner

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versus

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The Commissioner of Police, E.V.K.Sampath Salai, Vepery, Chennai-600007.

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The Inspector of Police, F-2, Egmore Police Station, Egmore, Chennai-600008. .. Respondents

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Prayer: This petition is filed under Section 482 Cr.P.C., praying to direct the second respondent, the Inspector of Police, F-2 Egmore Police Station, Chennai to file a final report pertaining to the petitioner's complaint registered in Crime No.435 of 2005 under Sections 448, 387, 380 and 506(ii) IPC.

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For Petitioner : Mr.R.Mohanavel For Respondents : Mr.C.Emalias, Addl.Public Prosecutor

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ORDER

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This petition is filed, praying to direct the second respondent, the Inspector of Police, F-2 Egmore Police Station, Chennai to file a final report pertaining to the petitioner's complaint registered in Crime No.435 of 2005 under Sections 448, 387, 380 and 506(ii) IPC.

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Pursuant to the summons issued by this Court, Mr.K.Settu, Inspector of Police, F-2 Egmore Police Station, Chennai is present with case file.

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On his instructions, learned Additional Public Prosecutor submitted that the petitioner has wrongly given the crime number as 435 of 2005, but whereas, the correct crime number is 435 of 2003. On a perusal of typed set of papers and the FIR copy, the crime number has been mentioned as 435 of 2003, registered against one Dr.M.S.Kadirvel.

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Learned Additional Public Prosecutor submitted that the investigation in Crime No.435 of 2003 was completed and the case was closed as 'mistake of fact'. He produced the file, which shows that the case was closed as 'mistake of fact'. He further submitted that on the complaint given by

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Dr.M.S.Kadirvel, a case in Crime No.349 of 2013 was registered against the petitioner for the offences under Sections 420, 448 and 506 (ii) IPC and investigation is completed and final report is ready to file. As a counter-blast, the petitioner has given the complaint against Dr.M.S.Kadirvel by filing a petition under Section 156(3) Cr.P.C. before XIV Metropolitan Magistrate, Chennai and obtained a direction and pursuant to which, the case in Crime No.435 of 2013 was registered and subsequently, it was closed. Learned Additional Public Prosecutor further submitted that the petitioner has given another complaint on 13.9.2014 against Dr.M.S.Kadirvel on similar allegations and filed a petition in CrlOP No.28725 of 2015 and pursuant to the direction of this Court, enquiry was conducted and the same was also closed.

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Recording the submissions made by the learned Additional Public Prosecutor that the case in Crime No.435 of 2003 was closed as a 'mistake of fact, this Criminal Original Petition is closed.

Suk

04.10.2016

P.N.PRAKASH, J.

suk

CRL.O.P.No.20646 of 2016

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04.10.2016

V.Sneelakandan Jothidar v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

V.Sneelakandan Jothidar v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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