The Madurai Bench held the Criminal Original Petition filed under Section 482 Cr.P.C seeking transfer to be infructuous, as the FIR had already been closed as a mistake of fact by the investigation agency.
Petitioner's prayer for transfer of the case was dismissed as the matter was already 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.
Crl.O.P.(MD)No.6292 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.6292 of 2019
Udhayakumar ... Petitioner vs. 1.The Commissioner of Police, Trichy Corporation, Trichy. 2.The Inspector of Police, All Women Police Station, Srirangam, Trichy District. in Crime No.31 of 2018 3.The Inspector of Police, CBCID, Jamal Mohamed College, Tiruchirappalli. ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to direct the first respondent to transfer the case from the second respondent to third respondent in connection with Crime No.31 of 2018 dated 11.11.2018 on the file of the All Women Police Station, Srirangam under the supervising of the first respondent.
For Petitioner : Mr.A.Vadivel
For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed seeking orders to transfer the case in Crime No.31 of 2018 dated 11.11.2018 from the file of the second respondent to the third respondent.
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Crl.O.P.(MD)No.6292 of 2019
3.The learned Additional Public Prosecutor would submit that the petitioner and his wife were living separately. Since petitioner's wife had developed some problems relating to pregnancy, she went to the hospital and got aborted. The learned Additional Public Prosecutor would further submit that after investigation, they have filed a final report as 'mistake of fact' and already submitted a closure report before the jurisdictional Magistrate Court. Since FIR was closed as 'mistake of fact', nothing survives for further adjudication.
Assistant Registrar (CS-III)
// True Copy //
csm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Commissioner of Police, Trichy Corporation, Trichy.
2.The Inspector of Police, All Women Police Station, Srirangam, Trichy District. in Crime No.31 of 2018
Jamal Mohamed College, Tiruchirappalli. https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P.(MD)No.6292 of 2019
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.6292 of 2019 16.12.2021
RK(27/12/2021) 3P 5C
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1 issue framed by the court
Whether the Criminal Original Petition seeking transfer of the case should be allowed given the FIR was closed as mistake of fact.
1 provisions across 1 enactments
Udhayakumar
The Commissioner of Police, Trichy Corporation, Trichy
The Inspector of Police, All Women Police Station, Srirangam, Trichy District
The Inspector of Police, CBCID, Jamal Mohamed College, Tiruchirappalli
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
