Madras High CourtCRL OP(MD)/11582/2019dismissed

R.Iyaswamy v. The Superintendent Of Police

2019-08-20Honourable Mr Justice V. Bharathidasan2 pages

CRL.O.P.(MD).No.11582 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11582 of 2019 and Crl.M.P.(MD)No.7078 of 2019 R.Iyaswamy : Petitioner/Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, Suchindram Police Station, Suchindram, Kanayakumari District.

: Respondents /Respondents PRAYER: Petition is filed under Section 482 of Criminal Procedure Code praying to direct the second respondent to register a case as per the complaint of the petitioner dated 22.12.2018 in accordance with law.

For Petitioner : Mr.T.Selvakumaran For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking direction to register a case based on the complaint of the petitioner dated 22.12.2018.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents.

3. The grievance of the petitioner is that the petitioner has given a complaint before the second respondent police on 22.12.2018. But so far no action has been taken on the same. Hence, the petitioner has filed the present petition.

4. Today, when the matter was taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondents, on instructions, would submit that already based on the complaint given https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.11582 of 2019 by the petitioner FIR has been registered in Crime No.39 of 2019 on 23.01.2019. Subsequently, same has been enquired into and closed as 'mistake of fact'.

5. The statement made by the learned Government Advocate (Crl.Side) is recorded. Since based on the complaint given by the petitioner, already a FIR has been registered and the same was enquired and closed as mistake of fact, the prayer as such sought for by the petitioner cannot be granted. Accordingly, this Criminal Original Petition is dismissed.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS) ta To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, Suchindram Police Station, Suchindram, Kanayakumari District.

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

+1 CC to M/s.T. SELVAKUMARAN, Advocate ( SR-82908[F] dated 22/08/2019 ) Order made in CRL.O.P.(MD).No.11582 of 2019 Dated: 20.08.2019 JMN(25.10.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2