Madras High CourtCRL OP/2070/2024dismissed

A.Kumarasamy v. State Represented By

2024-02-07Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2070 of 2024 and Crl.MP.No.1474 of 2024 A.Kumarasamy ... Petitioner Vs.

1.The State represented by, Inspector of Police, Thudialur Police Station, Coimbatore.

Cr.No.525 of 2023 2.J.Alagarraja ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records and quash the First Information Report registered in Cr.No.525 of 2023 on the file of the 1st respondent.

For Petitioner : Mr.P.Bhuvaneswari For RR1 : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records in FIR in Crime No.525/2023 dated 10.08.2023 pending investigation on the file of the 1st 1/5

Respondent police and quash the same against the Petitioner.

2. Heard the learned counsel for the Petitioner and the learned Additional Public Prosecutor .

3.The contentions put forward by the learned counsel appearing on behalf of the Petitioner 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.

5. In the result, this Criminal Original Petition is disposed of and the respondent Police is directed to proceed further with the investigation in accordance with law and complete the investigation and file a final 2/5

report or a closure report, as the case may be, within a period of three months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed.

Speaking Order/Non-speaking Order Index :Yes/No sk To 1.Inspector of Police, Thudialur Police Station, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J.

sk 4/5

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