The High Court of Judicature at Madras framed the issue regarding a CRL.OP. filed under Section 482 CrPC seeking investigation. Noting that an FIR under IPC Sections 323 and 506(ii) was already registered, the court held the petition infructuous.
The petition was dismissed as infructuous since the FIR has already been registered.
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 09.01.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
CRL.O.P.No.28376 of 2019
Gangavani ... Petitioner
Vs.
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent police namely the Sub Inspector of Police, Kalavi Police Station, kalavi to take action on the complaint submitted by the petitioner before them on 16.04.2019 and investigate the case and to file a final report within a stipulated time.
For Petitioner : M/s.T.Nithya For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side) ORDER
This petition has been filed to direct the second respondent police viz., the Sub-Inspector of Police, Kalavi Police Station, kalavi to take action on the complaint submitted by the petitioner before them on 16.04.2019 and investigate the case and to file a final report within a stipulated time.
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Crime No.194 of 2019 under Sections 323 & 506 (ii) of IPC and hence this petition has become infructuous.
Sd/Assistant Registrar( J)
/True Copy/
Sub Assistant Registrar
To
1. The Superintendent of Police,
Krishnagiri District,
Krishnagiri.
2. The Sub Inspector of Police,
Kallavi Police Station,
Kallavi, Uthangarai Taluk,
Krishnagiri District.
3.The Public Prosecutor,
Madras High Court,
Chennai.
AKM/12.02.2020/2P-4C /
CRL.O.P.No.28376 of 2019
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1 issue framed by the court
Whether the Criminal Original Petition filed under Section 482 CrPC for investigation should be disposed of as infructuous after registration of FIR.
1 provisions across 1 enactments
Gangavani
State by The Superintendent of Police, Krishnagiri District
Sub Inspector of Police, Kallavi Police Station
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
