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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Radha – Appellant
Versus
Inspector of Police – Respondent
| Table of Content |
|---|
| 1. petition to quash summons after fir closure. (Para 1 , 2 , 4) |
| 2. protest petition revived investigation. (Para 3) |
| 3. summons upheld with fresh compliance direction. (Para 5 , 6) |
O R D E R
The present petition has been filed by the third accused in Crime No.26 of 2021, on the file of respondent-Police seeking to quash the summons issued on 03.02.2026 directing the Petitioner to appear on 06.01.2026.
2.According to the learned counsel for the Petitioner, FIR in Crime No.26 of 2021 was referred to as ‘mistake of fact’ and a final report came to be filed before the learned Judicial Magistrate No.I, Trichy on 24.02.2022. In such circumstances, the summons cannot be issued by the Investigating Agency. He further submits that the Petitioner has not been arrayed as an accused in Crime No.26 of 2021.
3.The learned Government Advocate(Crl.Side) appearing for the respondent submitted that though the case was closed as ‘mistake of fact’, the de-facto complainant had filed Crl.M.P.No. 13849 of 2022 by way of protest petition and the same was dismissed by the learned Judicial Magistrate on 8.12.2022. Challenging the same, the complainant filed Crl.R.C(MD)No,.201 of 2023 before this
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