Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, J.
Arockiaraj – Petitioner
Vs.
The Superintendent of Police, Theni District, Theni – Respondent
Crl. O.P. (MD) No. 5211 of 2016
Decided On : 29-03-2016
FIR - Jurisdiction of Sending FIR Copy - The court dismissed the petition seeking a direction to send a copy of the FIR to a specific authority, stating that under the Code of Criminal Procedure, case papers, FIR, and other relevant documents relating to the investigation should only be sent to the jurisdictional Magistrate and not to any other authority.
Fact of the Case:
The petitioner filed a petition to direct the respondent police to send a copy of the FIR to a specific authority.
Finding of the Court:
The court found that the petition lacked merit as the Code of Criminal Procedure specifies that case papers, FIR, and relevant documents should only be sent to the jurisdictional Magistrate and not to any other authority.
Issues: Jurisdiction of sending FIR copy to specific authority
Ratio Decidendi: Under the Code of Criminal Procedure, case papers, FIR, and other relevant documents relating to the investigation should only be sent to the jurisdictional Magistrate and not to any other authority.
Final Decision: The petition was dismissed as it was devoid of merits.
1. This petition has been filed to direct the 2nd respondent to send the copy of the FIR in Crime No.396 of 2015 to the Joint Director Health and Family Welfare, Theni at Periyakulam.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.
3. The defacto complainant / petitioner is before this Court. It is the case of the defacto complainant that on the complaint given by him, the respondent police registered a case in Crime No.396 of 2015 against one Jesudoss and four others for offences under Sections 147, 294(b), 324 and 506(i) IPC and the investigation is pending. It is also stated that Jesudoss was arrested by Police and was in custody from 20.10.2015 to 28.10.2015.
4. While so, the defacto complainant has filed this present petition for a direction to the respondent police to send a copy of the FIR to the Joint Director Health and Family Welfare, Theni at Periyakulam. Under the Code of Criminal Procedure, case papers, FIR and other relevant documents relating to the investigation of a particular case should have to be sent only to the jurisdictional Magistrate and not to any one else.
Hence, the prayer of the petitioner cannot be acceded to. Therefore, this Criminal Original petition is devoid of merits and the same is dismissed accordingly.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
