Madras High CourtCRL OP(MD)/7299/2022disposed of

Mohammed Arasath Yamin v. The Inspector Of Police

2022-04-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.7299 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7299 of 2022 Mohammed Arsath Yamin

...Petitioner/

Accused rank not known Vs.

1. The State represented by The Inspector of Police, Bodinaickanur Town Police Station, Theni District.

(Crime No.90 of 2022) ...1st Respondent/Complainant

2. Sundara Vadivel ...2nd Respondent/Defacto Complainant

3. Yazhini ...3rd Respondent/Victim girl PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to file a referred Charge Sheet of the FIR in Crime No.90 of 2022 as ''mistake of fact'' on the basis of the representation, dated 30.03.2022 sent by the third respondent.

For Petitioner : Mr.S.Muniyandi For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the first respondent to file a referred Charge Sheet of the FIR in Crime No.90 of 2022 as ''mistake of fact'' on the basis of the representation, dated 30.03.2022.

2. The learned Additional Public Prosecutor (Criminal Side) submitted that personal appearance of the petitioner and the third respondent before the first respondent is recorded, it will be closed.

3. Considering the above, the petitioner and the respondents 2 and 3 are directed to appear before the first respondent and the first respondent is directed to close the FIR after recording their statement in Crime No.90 of 2022, within a period of two weeks from the date of receipt of a copy of this order.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.7299 of 2022

4. Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To

1. The Inspector of Police, Bodinaickanur Town Police Station, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J. JEYA ARUN RAJA, Advocate ( SR-20546[F] dated 22/04/2022 ) Crl.O.P.(MD) No.7299 of 2022 20.04.2022 RK(09/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2