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Madras High CourtCRL OP/12489/2021closed

R.Uthaman v. State Rep.By

2021-08-10Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.12489 of 2021 R.Uthaman ... Petitioner/Accused No.2 Vs.

1. State Rep.by the Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai - 56, Crime No.3 of 2015. ... 1st Respondent/Complainant

2. The Deputy Commissioner of Police, Ambattur Range, Chennai.

3. The Additional Superintendent of Police, Police Computer Wing, State Crime Records Bureau, Tamil Nadu. ... 2 to 3 Respondents 4.Sunitha ...4th Respondent/Defacto Complainant Prayer: This criminal original petition has been filed under Section 482 Cr.P.C. to issue a direction to the 1st and 3rd respondents to update the present status of the FIR in Crime No.3 of 2015 on the file of the 1st respondent police which was quashed by this Hon'ble Court on 04.04.2016 vide Crl.O.P.No.19414 of 2016.

For petitioner : Mr.P.Kritika Kamal For Respondent : Mr.A.Damodaran Nos.1 to 3 Government Advocate (Crl.side)

ORDER

The petitioner A2 in Crime No.3 of 2015 has filed this petition seeking direction to the respondent police to update the status of FIR in Crime No.3 of 2015 on the file of the first respondent police.

2.Despite this Court by an order dated 04.04.2016 in Crl.O.P.No.19414 of 2015 had quashed the FIR in Crime No.3 of 2015, the learned counsel for the petitioner submits that the FIR itself came to be registered due to matrimonial dispute between the petitioner and the defacto complainant. On the intervention of the family members and elders, the dispute between them got resolved and finally, by way of the joint compromise memo filed in Crl.O.P.No.19414 of 2015, the entire proceedings in crime No.3/2015 was quashed. Further, he submitted that the petitioner is holding an Indian Passport bearing No.J3103210 and the same got expired on 20.01.2021. The petitioner applied for re-issue of the passport and the process of re-issue of the Passport is still pending. On verification from the status of the FIR in crime No.3 of 2015, five years after the FIR was quashed, it is reflected as under investigation. In view of the same, the petitioner is unable to apply for Passport and to travel abroad and further his right has been denied.

3.The Learned Government Advocate (Crl.side) submits that the necessary amendments have been made about the status of the case and the Crime No.3 of 2015 has been quashed by the order of the High Court in Crl.O.P.No.19414 of 2015 and the same has been intimated to the Judicial Magistrate, Ambattur on 29/04/2016 and hence, the FIR in Crime No.3/2015 has been closed. These particulars now uploaded in Crime and Criminal Tracking Net Work System, which is maintained by the State Crime Record Bureau, the third respondent and he had also produced the copy of the same.

4.In view of the above submission made and also verifying the copy of the entry made in Crime and Criminal Tracking Network System with regard to the Crime No.3 of 2015, the Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sms

To

1. State Rep.by the Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai - 56, Crime No.3 of 2015.

2. The Deputy Commissioner of Police, Ambattur Range, Chennai.

3. The Additional Superintendent of Police, Police Computer Wing, State Crime Records Bureau, Tamil Nadu.

4. The Government Advocate (Crl.side) High Court, Madras.

5. The Public Prosecutor High Court, Madras +1CC to Mr.L.Prabakaran, Advocate, Sr.No.39576 CRL.O.P.No.12489 of 2021 KSM (CO) K.RK. (03.09.2021)