Petitioner sought direction to register a case under Section 482 CrPC. Court held that the police had already registered Crime No.56 of 2018 based on the same complaint, making the petition infructuous and dismissed it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
Crl.OP.(MD)No.4983 of 2018
S.Kalvikkarasi
...Petitioner
Vs.
Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the 1st respondent to register the case on the complaint given by the petitioner on 01.03.2018 in CSR.No.45/2018 and to investigate the matter within the time stipulated by this Court.
For Petitioner : Mr.A.Senthil Kumar
For Respondents : Mr.K.K.Ramakrishnan
Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct the 1st respondent to register the case on the complaint given by the petitioner on 01.03.2018 in CSR.No.45/2018 and to investigate the matter within the stipulated time.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.
3.The learned Additional Public Prosecutor would submit that based on the complaint given by the petitioner dated 01.03.2018, the
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respondent police has registered a case in Crime No.56 of 2018. Therefore, the relief sought for in this petition has become infructuous. Hence, this Criminal Original Petition is dismissed.
Sd/Assistant Registrar (AE)
/True Copy/
Sub Assistant Registrar/-
To
DSS/NS
DS/KK/JC/SAR -3 : 02.05.2018 : 4P/4C
Crl.OP.(MD)No.4983 of 2018 09.04.2018
1 issue framed by the court
Whether the Criminal Original Petition to direct registration of a case and investigation should be allowed when the petitioner has already obtained a separate criminal case number.
1 provisions across 1 enactments
S.Kalvikkarasi
The Sub Inspector of Police, Thiruvonam Police Station, Thanjavur District
The Superintendent of Police, Thanjavur District
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
