Thiyagu @ Thiyagarajan, v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10055 of 2018 and Crl.M.P.No.5139 of 2018 Thiyagu @ Thiyagarajan ... Petitioner Vs.
1.State rep.by the Inspector of Police, Vellavedu Police Station, Thiruvallur District.
(Cr.No.1049/2016) 2.S.Rajalakshmi ... Respondents Prayer:
Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in Crime No.1049/2016 on the file of the first respondent and quash the same. For Petitioner : Mr.T.Gnana Babu For Respondents : Mr.C.E.Pratap - R1 Government Advocate (Crl.Side) Mr.R.Thirumoorthy R2
O R D E R
The petitioner has filed this petition seeking to call for the records and to quash the proceedings in Cr.No.1049/2016, on the file of the 1st respondent.
2. The learned counsel for the petitioner submitted that during pendency of this case, the petitioner and the defacto complainant got married and living together. Out of the wedlock, the couples blessed with two children. Hence, the learned counsel prays this Court to quash the FIR.
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3. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Investigating Officer and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the 1st respondent Police.
4.It is now represented by the learned counsel appearing for the petitioner that without going into the merits of the case, it would suffice, if this Court issues direction to the law enforcing agency to expedite the investigation and complete the same as early as possible.
5.In view of the above, this Court directs the 1st respondent Police, to expedite the investigation in Cr.No.1049 of 2016 and complete the same, within a period of four weeks from the date of receipt of a copy of this order.
6.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions, if any, are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To 1.The Inspector of Police, Vellavedu Police Station, Thiruvallur District.
2.The Public Prosecutor, Madras High Court.
Crl.O.P.No.10055 of 2018 and Crl.M.P.No.5139 of 2018 RSI(CO) SB(27/10/2021) https://hcservices.ecourts.gov.in/hcservices/