Petition under Section 482 Cr.P.C. sought direction to register FIR based on a Magistrate's order. Court found enquiry revealed the case was filed by mistake of fact to trouble the husband. Petition dismissed with liberty to challenge police report.
Criminal Original Petition dismissed; liberty granted to challenge the police report filed.
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Crl.O.P.No.2317 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.2317 of 2023
G.Kalaiyarasi ... Petitioner /vs/
Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the 2nd respondent to register the FIR based on the complaint dated 07.03.2022 lodged by the petitioner, in pursuance of the order dated 30.09.2022 passed in Crl.M.P.No.1843 of 2022 by the learned Judicial Magistrate, Gudiyatham, Vellore District.
For Petitioner ... M/s.S.P.Arthi For Respondent ... Mr.S.Santhosh (For R2)
Government Advocate (crl.side)
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Crl.O.P.No.2317 of 2023
ORDER
This Criminal Original Petition has been filed seeking for a
direction to the 2nd respondent to register the FIR based on the complaint dated 07.03.2022 lodged by the petitioner, in pursuance of the order dated 30.09.2022 passed in Crl.M.P.No.1843 of 2022 by the learned Judicial Magistrate, Gudiyatham, Vellore District.
Kumari Vs. State of Uttar Pradesh 2014(2) SCC and register the case, if cognizable offence is made out and investigate the case in accordance with law.
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Crl.O.P.No.2317 of 2023
even after the order passed by the learned Judicial Magistrate, Gudiyatham, respondent police had not registered the First Information Report in this case, necessitating the filing of this petition,
was given. Therefore, the complaint was closed as mistake of fact.
Government Advocate (Crl. Side), this Court is of the view that, no order is to be passed in this petition.
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Crl.O.P.No.2317 of 2023
However, liberty is granted to the petitioner to challenge the report filed
by the respondent police in the manner known to law.
06.02.2023
Index: Yes/No Internet: Yes/No Speaking/Non speaking order Sma
To
G.CHANDRASEKHARAN, J.
Page 4 of 5
Crl.O.P.No.2317 of 2023
Sma
Crl.O.P.No.2317 of 2023
06.02.2023
Page 5 of 5
2 issues framed by the court
Whether direction to register FIR under Section 482 Cr.P.C. should be issued when enquiry shows case was given by mistake of fact to trouble the husband?
Whether criminal original petition seeking FIR registration should be allowed when police report reveals misunderstanding and closure of case as mistake of fact?
Colour shows how this judgement treated each authority
Lalita Kumari Vs. State of Uttar PradeshFollowed¶19
Lalita Kumari Vs. State of Uttar Pradesh 2014(2) SCC · Who else cites this
3 provisions across 3 enactments
G.Kalaiyarasi
S.Purushothaman
The Inspector of Police, Gudiyatham Town Police Station, Gudiyatham Taluk, Vellore District
G.Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
