Petitioner sought direction to register an FIR under Section 482 Cr.P.C. The Court observed that the investigating Magistrate closed the inquiry citing mistake of facts. Held, no grounds exist; petition dismissed.
Direction to register FIR under Section 482 Cr.P.C. was denied as investigation was closed on merit.
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.23491 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.23491 of 2023
V.P.Vaijaindhimala ... Petitioner Vs.
1.The Superintendent of Police, Salem District, Salem.
2.The Inspector of Police, Deevattipatti Police Station, Salem ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent to register the FIR in compliance of the order dated 20.04.2023 made in C.M.P.No.926 of 2023 before Judicial Magistrate, Omalur forthwith.
For Petitioner : Mr.C.Prabakaran For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl. Side)
O R D E R
This Criminal Original Petition is filed seeking direction to the second
respondent to register the First Information Report.
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2. The learned Government Advocate (Crl.Side) appearing for the
respondent police states that pursuant to the direction of the learned Judicial Magistrate under Section 156 (3) Cr.P.C., investigation was conducted and complaint closed as “Mistake of Facts” and report has been filed before the Judicial Magistrate on 02.07.2023.
3. In the light of the above fact, nothing survives in this petition. Hence this Criminal Original Petition is dismissed. Since the complaint has been closed, the petitioner shall workout his remedy in the manner known to law.
13.10.2023
Index : Yes/No Neutral Citation : Yes/No
rpl
To
1. The Judicial Magistrate, Omalur
2.The Superintendent of Police, Salem District, Salem.
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Crl.O.P..No.23491 of 2023
Dr.G.JAYACHANDRAN, J .
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Crl.O.P.No.23491 of 2023
13.10.2023
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1 issue framed by the court
Whether a Crl.O.P. under Section 482 Cr.P.C. survives when the underlying investigation is closed by a Judicial Magistrate citing mistake of facts.
2 provisions across 1 enactments
V. Vaijaindhimala
Superintendent of Police, Salem District, Salem
Inspector of Police, Deevattipatti Police Station, Salem
Dr. G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
