S.Sivaraman v. State by
Case brief
What is this about?
The court dismissed a criminal original petition filed under Section 482 CrPC to quash an FIR. The petition was rejected as infructuous because the lowest court had already closed the investigation, citing it as a mistake of fact.
What did the court decide?
The petitioner's prayer to quash the FIR is dismissed as the FIR has been closed as a mistake of fact.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.2013 of 2019
and
Crl.M.P.No.1319 of 2019
S.Sivaraman ...Petitioner
-Vs-
1.State By
Inspector of Police,
B5, Walajabad Police Station,
Walajabad, Kancheepuram District.
2.Sekar ... Respondents
Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.701 of 2018 pending before the Inspector of Police, B5 Walajabad Police Station, Walajabad and to quash the same.
For Petitioner : Dr.S.S.Swaminathan For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : No appearance
O R D E R
The Criminal Original Petition has been filed to quash the F.I.R in Crime No.701 of 2018, pending on the file of the 1st respondent police.
Issues for consideration
1 issue framed by the court
Whether the criminal original petition to quash the FIR is maintainable when the case was already closed as mistake of fact.
Parties & counsel
- petitioner
S.Sivaraman
- respondent
Inspector of Police
- respondent
Sekar
Coram
Case details
As recorded by the court registry
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