The High Court of Madras closed a criminal original petition filed to quash an FIR (Crime No.328 of 2015) as nothing survives for adjudication given the investigation was closed as a mistake of fact.
Criminal Original Petition stands closed; connected miscellaneous petition is also closed.
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 : 19.03.2021
CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.22309 of 2015
and
M.P.No.1 of 2015
Usha D/o.Chockalingam ... Petitioner
Vs.
1.The State Rep. by
The Inspector of Police Walajapet Police Station Vellore District
2.M.V.Ambedrajan
S/o.VAradharajan ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records pertaining to the F.I.R. in Crime Nop.328 of 2015 dated 10.08.2015 on the file of the 1st Respondent Police and quash the same.
For Petitioner : No Appearance
For Respondents : Mr.T.Shunmugarajeswaran
Government Advocate (Crl. Side) for R1
Mr.T.Muruganantham for R2
O R D E R
(The case has been heard through video conference)
Petition has been filed seeking to call for the records pertaining to the F.I.R. in Crime No.328 of 2015 dated 10.08.2015 on the file of the 1st Respondent Police and quash the same.
2.When the matter is taken up today for consideration, there was no representation for the petitioner. Learned counsel for the 2nd respondent is present.
3.The 1st respondent filed a counter and in the counter it has been stated that after completion of detailed investigation and recording the statement witnesses, finding https://hcservices.ecourts.gov.in/hcservices/ that was no materials to sustain the charges in Crime No.328
of 2015, it has been closed as “Mistake of fact” on 11.08.2015 and the final report to that effect has been filed before the learned Judicial Magistrate No.II, Walajapet in R.C.S.No.93 of 2015 dated 11.08.2015.
4.In view of the above, nothing survives in this
petition for further adjudication. This Criminal Original
Petition stands closed accordingly. Consequently, the
connected miscellaneous petition is also closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
kas
To
1.The Inspector of Police
Walajapet Police Station
Vellore District
2.The Judicial Magistrate No.II
walajapet
3.The Public Prosecutor
High Court of Madras
Chennai 600 104
Crl.O.P.No.22309 of 2015
and
M.P.No.1 of 2015
PL(CO)
CB(01/04/2021)
1 provisions across 1 enactments
Usha D/o.Chockalingam
The State Rep. by The Inspector of Police Walajapet Police Station Vellore District
M.V.Ambedrajan
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
