Petitioner filed a criminal petition to quash the first information report. The prosecution submitted that the FIR was closed as a mistake of fact before investigation commenced. The court held the petition to be infructuous and dismissed it.
Petition dismissed as infructuous. 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.(MD)No.2202 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2023
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
Crl.O.P.(MD) No.2202 of 2021 and Crl.M.P.(MD)No.1088 of 2021
Madhivanan @ Madhi ... Petitioner / A1 Vs. 1.The Inspector of Police, Ilaiyangudi Police Station, Sivagangai District. (Crime No.31 of 2021) ... 1st Respondent / Complainant 2.Chandrasekar ... 2nd Respondent/Defacto complainant
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.31 of 2021, dated 21.01.2021, on the file of the first respondent and to quash the same against the petitioner.
For Petitioner : Mr.T.Kumar For Respondents : Mr.M.Sakthikumar Government Advocate (crl.side) for R1 : No appearance for R2
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Crl.O.P.(MD)No.2202 of 2021
O RDER
This petition is filed to quash the F.I.R in Crime No.31 of
2021 on the file of the first respondent police.
investigation the F.I.R was closed as “mistake of fact”, on 22.02.2021, itself.
Petition is dismissed as infructuous. Consequently, connected Miscellaneous petition is closed.
NCC : Yes/No Index : Yes/No 20.03.2023 Internet : Yes/No Ls
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Crl.O.P.(MD)No.2202 of 2021
To
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Crl.O.P.(MD)No.2202 of 2021
Crl.O.P.(MD)No.2202 of 2021
R.THARANI. J.
Ls
20.03.2023
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1 issue framed by the court
Whether a petition to quash the FIR is maintainable when the investigation has already been closed as a mistake of fact.
1 provisions across 1 enactments
Madhivanan @ Madhi
The Inspector of Police, Ilaiyangudi Police Station, Sivagangai District
Chandrasekar
R Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
