Criminal OriginalPetition filed to quash an FIR was dismissed as infructuous after the investigating police filed a final report treating the incident as a 'mistake of fact', leaving no case for adjudication before the High Court.
Criminal OriginalPetition dismissed as infructuous; connected Criminal Miscellaneous Petition 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.No.10285 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2023
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10285 of 2021 and Crl.M.P.No.6201 of 2021
Nithish Kumar ... Petitioner Vs.
PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records pertaining to FIR registered by the R-1, Inspector of Police, K-8 Arumbakkam Police Station in Crime No.1096 of 2020 dated 09.11.2020 and quash the same in respect of this petitioner.
For Petitioner : No Appearance For Respondent : Mr.S.Balaji, Govt. Advocate (Crl.Side) [R.1] : No Appearance [R.2]
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Crl.O.P.No.10285 of 2021
O R D E R
This Criminal Original Petition is filed to quash the First Information
Report in Crime No.1096 of 2020 on the file of the 1st respondent police.
2.It is submitted by the Government Advocate (Crl.Side) that pursuant to the investigation, the 1st respondent police had filed a final report referring the case as "mistake of fact".
3.In view of the above submission, nothing survives for adjudication in this petition and hence the prayer in the instant petition has become infructuous.
4.With the above observations, this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petition is closed.
05.06.2023
Index : Yes/No Internet : Yes/No Neutral Citation :Yes/No shr
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Crl.O.P.No.10285 of 2021
To
The Inspector of Police, Law and Order, K-8 Arumbakkam Police Station, Chennai.
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Crl.O.P.No.10285 of 2021
SUNDER MOHAN. J,
shr
Crl.O.P.No.10285 of 2021 and Crl.M.P.No.6201 of 2021
05.06.2023
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1 provisions across 1 enactments
Nithish Kumar
State Rep. by Inspector of Police, Law and Order, K-8 Arumbakkam Police Station, Chennai
Edwin Christopher
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
