Dismissed

B.Ethiraj v. Inspector of Police

Madras HC26 Aug 2016CRL OP/5889/2016

Case brief

AI extract

What is this about?

This Criminal Original Petition sought action against the Police for filing a false affidavit and direction to defreeze a bank account. The Court dismissed the petition for the second time, holding that doing so would violate Section 362 Cr.P.C. and noting the absence of merits.

What did the court decide?

No relief granted; petition dismissed as devoid of merits and contrary to Section 362 Cr.P.C.

B.Ethiraj Vs Inspector of Police — Writ and Judicial Review | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 26.08.2016

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CORAM

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THE HONOURABLE Mr.JUSTICE P.N.PRAKASH

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CRL.OP.No.5889 of 2016

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B.Ethiraj ... Petitioner

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The Inspector of Police, CCB, EDF-II, Team 9(A), Commissioner Office,

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Vepery, Chennai. ... Respondent

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Criminal Original Petition filed under Section 482 of Cr.P.C., praying to take necessary action on the respondent for filing false affidavit before this Court and consequently, direct the respondent to defreeze the petitioner's Current Account No.007502000004685 (IOB Bank, Purasawalkkam Branch, Chennai) with respect to FIR No.121 of 2015 dated 26.03.2015 pending on the file of the respondent.

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For Petitioner : Mr.N.Subramani

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For Respondent : Mr.C.Emalias, APP

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This petition has been filed to take necessary action on the respondent for filing false affidavit before this Court and consequently, direct the respondent to defreeze the petitioner's Current Account No.007502000004685 (IOB Bank, Purasawalkkam Branch, Chennai) with respect to FIR No.121 of 2015 dated 26.03.2015 pending on the file of the respondent.

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Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

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It is seen that earlier, this petitioner has filed Crl.OP.No.30479 of 2015 for the same relief and this Court has gone into the facts of the case and has dismissed the petition on 29.01.2016. The remedy open to the petitioner is only to challenge the order before the Hon'ble Supreme Court, instead, the petitioner has filed the second petition for the same relief contending that the Police had made false https://hcservices.ecourts.gov.in/hcservices/ representation in the earlier petition.

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In the considered opinion of this Court, that cannot be a good reason to entertain a second petition in the teeth of Section 362 Cr.P.C. Hence, this petition stands dismissed as it is devoid of merits.

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Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
gya
To
1.The Inspector of Police,
CCB, EDF-II, Team 9(A),
Commissioner Office,
Vepery,Chennai.
2.The Public Prosecutor,
High Court, Madras.
CRL.OP.No.5889 of 2016
ppa co
kra 14.09.2016

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https://hcservices.ecourts.gov.in/hcservices/

B.Ethiraj v. Inspector of Police

Case brief

What is this about?

What did the court decide?

B.Ethiraj v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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