Petitioner filed an original petition under Section 482 CrPC to direct registration of a complaint. The court noted an FIR was already registered by that date, rendering the petition infructuous, and dismissed it.
The criminal original petition was dismissed as infructuous.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2018
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.(MD)No.4744 of 2018
E.Thangaswamy ... Petitioner
-vs-
1.The Superintendent of Police, Thoothukudi District,
District Collectorate Premises, Thoothukudi.
2.The Inspector of Police, District Crime Branch, Thoothukudi District. .. Respondents
Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to register the case on petitioner's complaint, dated 17.02.2018 and enquire the same.
For Petitioner : Mr.K.Esakki For Respondents : Mr.K.Chandrasekar Additional Public Prosecutor
ORDER
This Criminal original Petition has been filed to direct the respondents to register the case on petitioner's complaint, dated 17.02.2018 and enquire the same.
2.It is reported by the learned counsel for the petitioner that an F.I.R has already been registered in this regard. Therefore, this petition has become infructuous.
3.Accordingly, this Criminal Original Petition is dismissed as infructuous.
Sd/Assistant Registrar(Crl Side)
/True copy/
Sub Assistant Registrar(CS III)
2
To
1.The Superintendent of Police, Thoothukudi District, District Collectorate Premises, Thoothukudi.
2.The Inspector of Police, District Crime Branch, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
tm JM RP SAR 3 24 8 2018 2P 4C
CRL.O.P.(MD)No.4744 of 2018
2 issues framed by the court
Whether a criminal petition seeking registration of a complaint is maintainable when an FIR has already been registered.
Whether the petition is infructuous due to the registration of an FIR.
1 provisions across 1 enactments
E. Thangaswamy
The Superintendent of Police, Thoothukudi District
The Inspector of Police, District Crime Branch, Thoothukudi District
N ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
