Madras High CourtCRL OP/4152/2024dismissed

Thaniga v. State Rep By Its

2024-02-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.Thaniga S/o.Kadumpadi 2.Praveen S/o.Kadumpadi ...

Petitioners vs.

1.State represented by its The Inspector of Police (L&Ö), G5, Chunambedu Police Station, Cheyyur Taluk, Chengalpattu District.

2.P.Santha Jayalakshmi ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.81 of 2020 and quash the same as far as the petitioners' name on the file of first respondent.

For Petitioners : Mr.M.Saravanakumar For Respondents : Mr.A.Gopinath Government Advocate [Crl.side] [R1] *****

O R D E R

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This petition has been filed to call for the records in Crime No.81 of 2020 on the file of first respondent and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for first respondent. 3.The contentions put forth by the learned counsel appearing on behalf of the petitioners are purely factual in nature and this Court cannot venture into conducting a mini investigation into the matter and it therefore does not fall within the ambit of its jurisdiction under Section 482 of Cr.P.C. This Court must also bear in mind the parameters laid down by the Apex Court in Neeharika Infrastructure Pvt.Ltd., case reported in 2021 SCC Online SC 315. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police.

4. In the facts and circumstances of the case, this Court is not inclined to interfere with the investigation conducted by the respondent Police at this stage.

In the result, this Criminal Original Petition is dismissed and the respondent Police is directed to proceed further with the investigation in 2/4

accordance with law and complete the investigation and file a final report or a closure report, as the case may be, within a period of two (2) months from the date of receipt of a copy of this order. 26.02.2024 Index : Yes/No Speaking Order/Non-Speaking Order gm To 1.The Inspector of Police (L&Ö), G5, Chunambedu Police Station, Cheyyur Taluk, Chengalpattu District.

2. The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, J.

gm 3/4

Crl.O.P.No.4152 of 2024 26.02.2024 4/4