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2014 Supreme(Mad) 1985
High Court of Judicature at Madras
M. VENUGOPAL, J.
K. Chandramohan, Chennai
Versus
The Inspector of Police, Central Bureau of Investigation, Chennai
Crl.O.P.No.655 of 2008
Decided on: 14-07-2014
For the Petitioner:V.S. Venkatesh, Advocate.
For the Respondent: N. Chandrasekaran, Special P.P. (CBI).
The court's decision was based on the respondent police's closure of the FIR as a mistake of fact, leading to the dismissal of the petition as withdrawn.
Headnote:
Mistake of Fact - Criminal Original Petition - The court dismissed the petition as withdrawn based on the respondent police closing the FIR as a mistake of fact.
Fact of the Case:
The petitioner requested the court to receive the case report and treat the Criminal Original Petition as withdrawn, citing the respondent police's closure of the FIR as a mistake of fact.
Finding of the Court:
The court dismissed the Criminal Original Petition as withdrawn based on the petitioner's request and the respondent police's closure of the FIR as a mistake of fact.
Issues: The main issue was the closure of the FIR by the respondent police as a mistake of fact.
Ratio Decidendi: The court's decision was influenced by the respondent police's closure of the FIR as a mistake of fact, leading to the dismissal of the petition as withdrawn.
Final Decision: The court dismissed the Criminal Original Petition as withdrawn based on the petitioner's request and the respondent police's closure of the FIR as a mistake of fact.
1. Learned counsel for the petitioner has made an endorsement on the docket page of the petition to the following effect:-
"It is most respectfully submitted that in the said Crl.O.P.No.655 of 2008, the respondent police has closed the FIR as mistake of fact. Hence, it is respectfully prayed that this Honourable Court may kindly receive the case report and treat this Crl.O.P. as withdrawn and dismiss the same."
2. Recording the aforesaid fact and the endorsement so made, the Criminal Original Petition is dismissed as withdrawn.
