Madras High CourtCRL OP/3040/2024disposed of

Nesamani v. The Inspector Of Police,

2024-02-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and Crl.M.P.No.2179 of 2024 Nesamani S/o.Sengoda Mudaliar ...

Petitioner vs.

1.State represented by The Inspector of Police, All Women Police Station, Bhavani, Erode District.

2.M.Hamritha W/o.M.A.Kirubaharan ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Crime No.16 of 2023, dated 16.10.2023 on the file of respondent police against the petitioner/A4.

For Petitioner : Mr.V.Ramana Reddy For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

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This petition has been filed to call for the records in Crime No.16 of 2023 on the file of first respondent and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for first respondent. 3.The contentions put forth 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.

In the result, this Criminal Original Petition is dismissed and the 2/4

respondent Police is directed to proceed further with the investigation in 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 four (4) weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

14.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order gm To 1.The Inspector of Police, All Women Police Station, Bhavani, Erode District.

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

N. ANAND VENKATESH, . J.

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gm Crl.O.P.No.3040 of 2024 14.02.2024 4/4