Held that a writ petition seeking direction to register an FIR is time-barred as nearly three years have lapsed since the impugned order, thus decree dismissal with liberty to file fresh petition on fresh cause of action.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2019
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.10427 of 2016
Ashok Kumar
...Petitioner
Vs.
1.State rep by the Inspector
of Police,Central Crime Branch
Team-17, Vepery, Chennai-600 007
2.Baby
3.N.Kumar
4.Lalitha
5.Vijaya
6.M.Dhakshinamoorthy
7.R.Loganathan
8.R.Lalitha
9.A.Raji
10.A.Ravi
...Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India, praying to issue a writ of Certiorarified
Mandamus, calling for the records in respect of the proceedings
dated 07.11.2015 under reference No. C No.993/DCCCB-II/PE/2015
of the 1 st respondent, declining the register a FIR and
investigate the matter and to quash the same and for a
consequential direction to the 1 st respondent to register FIR and
investigate the matter as contemplated under law.
For Petitioner : Mr.K.N.Nataraaj
For R1 : Mr.M.Mohamed Riyaz Addl. Public Prosecutor For R2 to R5 : Mr.D.Ramesh For R6 to R10 : Mr.S.Balasubramanian
This writ petition has been filed seeking call for the records in respect of the proceedings dated 07.11.2015 under reference No. C No.993/DCCCB-II/PE/2015 of the 1st respondent,
declining the register a FIR and investigate the matter and to quash the same and for a consequential directions to the 1st respondent.
2.It is seen that the impugned order has been passed in the year 2015 and now, almost three years have been passed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now. However, the petitioner is at liberty to file a fresh petition, on fresh cause of action, if so advised.
3.With the above observations, this Writ Petition stands dismissed. No costs.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
vsn
To
1. The Inspector of Police,
Central Crime Branch
Team-17, Vepery, Chennai-600 007
2.The Public Prosecutor
High Court, Madras.
W.P.No.10427 of 2016 sj[co] srg 15/03/2019
1 issue framed by the court
Whether a writ of certiorari and mandamus can be granted to call for records and direct registration of an FIR after a lapse of nearly three years since the impugned order?
1 provisions across 1 enactments
Ashok Kumar
State
Baby
N.Kumar
Lalitha
Vijaya
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
