This Criminal Original Petition filed under Section 482 CrPC was dismissed as infructuous because the underlying complaint had been investigated and closed by the police, rendering the petition for registration of complaint unnecessary.
Criminal Original Petition dismissed with liberty to challenge the Closure Report.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2019
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
CRL.O.P.NO.20336 OF 2019
T.Muthu ... Petitioner Versus 1. State rep.by its The Inspector of Police, S 14 Peerngakaaranai Police Station, (Crime No.464 of 2019) 2. R.Vicithra [2nd respondent is impleaded as per order in Crl.MP.No.11408 of 2019 in Crl.OP.No.20336 of 2019 dated 03.09.2019] ... Respondent
Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondent to register the complaint based upon the order passed by Hon'ble Judicial Magistrate Court, Tambaram in Crl.M.P.No.3585 of 2011 dated 02.07.2019.
For Petitioner : Mr.M.Vijaya Kumar
For Respondents: Mr.C.Iyyapparaj
Additional Public Prosecutor [for R1]
The prayer sought for in the present Original Petition has become infructuous, for the reason that the petitioner's complaint has been enquired and closed on 28.07.2019 and as such, the earlier order of the Judicial Magistrate, Tambaram passed in Crl.M.P.No.3585 of 2019 dated 02.07.2019, to enquire the complaint does not arise. Since, no effective order can be
passed in the present petition, the Criminal Original Petition stands dismissed with liberty to the petitioner to challenge the Closure Report, if they choose to do so.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
bri
To
1. The Judicial Magistrate Court,
Tambaram.
2. State rep.by its
The Inspector of Police,
S 14 Peerngakaaranai Police Station,
(Crime No.464 of 2019)
3. The Public Prosecutor,
High Court, Madras.
+1cc to Mr.M.Vijaya Kumar, Advocate, S.R.No.92094
Crl.O.P.No.20336 of 2019
NR(CO)
CS/10/12/2019
1 provisions across 1 enactments
T.Muthu
State
R.Vicithra
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
