Meenakshi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.2399 of 2024 1.Meenakshi W/o.Srinivasan 2.R.Srinivasan S/o.Ramamurthy

...Petitioners

Vs 1.State represented by The Inspector of Police, S7, Police Station, Madipakkam, Chennai - 600 091.

Crime No.152 of 2023 2.K.Senthil S/o.Kaliyaperumal ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records and quash the First Information Report in Crime No.152 of 2023 on the file of first respondent in respect of petitioners.

1/4

For Petitioners : Mr.A.J.Mohamed Kassim For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

This petition has been filed to call for the records in Crime No.152 of 2023 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 prosecution is mainly relying upon a suicide note in this case. Therefore, the prosecution has to ascertain as to whether the suicide note prima facie makes out instigation on the part of the accused person resulting in the commission of suicide by the deceased. This, in view of the fact that there has been some money transaction between the accused persons and the deceased. The same shall be kept in mind by the first respondent. 2/4

4. 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.

5. 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 first respondent is directed to proceed further with the investigation in accordance with law and complete the investigation and file a final report or 3/4

N.ANAND VENKATESH, J gm 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.

15.02.2024 Index : Yes/No Speaking order:Yes/No gm To 1.The Inspector of Police, S7, Police Station, Madipakkam, Chennai - 600 091.

Crime No.152 of 2023 2.The Public Prosecutor, High Court, Madras.

4/4