Madras High CourtCRL OP/3671/2024disposed of

Muthukumar v. State Rep By

2024-02-20Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.No.2700 of 2024 1.Muthukumar 2.Durakeeswaran 3.Maheshkumar 4.Shanmugasundharam 5.Rajamanikkam ... Petitioners Vs.

The State rep. by the Inspector of Police, Komaralingam Police Station, Tiruppur.

... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to quash the Cr.No.12 of 2024 pending on the file of the Inspector of Police, Komaralingam Police Station, Tiruppur.

For Petitioners : M/s.S.Nagarajan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This petition has been filed to call for the records in Crime No. 12 of 2024 on the file of the respondent and quash the same. 1/4

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side).

3.The contentions put forward 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.

5.In the result, this criminal original petition is dismissed and the respondent Police is directed to proceed further with the investigation in accordance with law and complete the investigation and file a final 2/4

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, the connected miscellaneous petition is closed. 20.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police, Komaralingam Police Station, Tiruppur.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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N.ANAND VENKATESH,J.

pri And Crl.M.P.No.2700 of 2024 20.02.2024 4/4