The High Court dismissed a Criminal Original Petition filed under Section 482 CrPC to quash an FIR. The petition alleged mistaken identity, but the Court held that since points raised were factual, the matter should be decided by the Trial Court, leading to dismissal.
Petition dismissed; connected 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.28796 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2023
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.O.P. No. 28796 of 2019 and Crl.M.P. No. 15367 of 2019
A.Prakash ... Petitioner Vs. 1.The Inspector of Police P-1 Pulianthope Police Station, Chennai.
PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondent to call for the record and to quash the FIR Crime No. 561 of 2019 dated on 26.08.2019 pending before the 1st respondent Police.
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Crl.O.P.No.28796 of 2019
For Petitioner : Mr. M.Balaji For Respondent 1 : Mr. A.Damodaran Additional Public Prosecutor For Respondent 2 : No Appearance.
O R D E R
The petition is filed to quash the FIR in Crime No.561 of 2019
on the file of the 1st respondent Police.
petitioner is sought to be made an accused on account of the mistaken identity.
the investigation was completed and the final report is ready to be filed before the concerned Court.
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Crl.O.P.No.28796 of 2019
this Court is not inclined to entertain the petition. However, it is open to the petitioner to raise all his points before the Trial Court.
10.04.2023
Index : Yes/No Internet : Yes/No Neutral Citation :Yes/No kan
To
The Inspector of Police P-1 Pulianthope Police Station, Chennai.
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Crl.O.P.No.28796 of 2019
SUNDER MOHAN. J,
kan
Crl.O.P.No. 28796 of 2019
10.04.2023
2 issues framed by the court
Whether the Criminal Original Petition seeking quashing of FIR based on mistaken identity is maintainable when allegations are factual in nature.
Whether the petitioner is entitled to have the petition entertained before the High Court regarding factual disputes arising from the charge sheet.
1 provisions across 1 enactments
A.Prakash
Inspector of Police P-1 Pulianthope Police Station, Chennai
D.Mohan
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
