The High Court of Madras closed a Criminal Original Petition filed to quash an FIR, noting that the investigation had been completed with the case referred as a mistake of fact by the lower court.
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 : 17.03.2021
CORAM :
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
CRL.O.P.NO.23622 OF 2015 AND M.P.NO.1 OF 2015
MARTIN ROBERTS
S/o.J.J.Roberts ... Petitioner/Accused
Vs.
1.State rep. by
The Assistant Commissioner
Conventional Crime, Central Crime Branch
Vepery, Chennai 600 007
2.State rep. by
The Inspector of Police
N.1, Royapuram Police Station
Royapuram, Chennai 600 017
3.C.Gubendera Kumar
S/o.V.Chinnaraji ... Respondents/
Defacto Complainant
Prayer:
Criminal Original Petition is filed under Section 482 of
Criminal Procedure Code to call for records in respect of F.I.R.
in Crime No.1160 of 2013 dated 22.12.2013 on the file of the
first respondent and to quash the same as against the petitioner.
For Petitioner : Mr.M.A.Soundar
For Respondents : Mr.T.Shunmugarajeswaran
Govt. Advocate (Crl.Side) for R1 & R2
No appearance for R3
O R D E R
(The case has been heard through video conference)
Petition has been filed seeking to call for records in respect of F.I.R. in Crime No.1160 of 2013 dated 22.12.2013 on the file of the first respondent and to quash the same as against the petitioner.
2.When the matter was taken up today for consideration, learned Government Advocate (Crl. Side) would submit that the investigation in this case has been completed and the case has been referred as “mistake of fact” and that the notice has also been served on the defacto complainant / 3rd respondent. He has also furnished a copy of the final report.
3.No representation for the defacto complainant/3rd respondent. Copy of the final report has been taken on file.
4.Since the case has been referred as mistake of fact, 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(CS III) //True Copy// Sub Assistant Registrar kas To 1. The Assistant Commissioner Conventional Crime Central Crime Branch Vepery, Chennai 600 007. 2. The Inspector of Police N.1, Royapuram Police Station Royapuram, Chennai 600 013. 3. The Public Prosecutor High Court of Madras Chennai 600 104. Crl.O.P.No.23622 of 2015 and M.P.No.1 of 2015 PCH(CO) CS/08/04/2021
1 provisions across 1 enactments
Martin Roberts
State rep. by The Assistant Commissioner Conventional Crime, Central Crime Branch Vepery, Chennai
State rep. by The Inspector of Police N.1, Royapuram Police Station
C. Gubendera Kumar
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
