Madras High CourtCRL OP/4557/2024dismissed

Gayathri v. The State Rep.By

2024-02-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4557 of 2024 and Crl.M.P No.3361 of 2024 Mrs.Gayathri .. Petitioner/Accused - 3 vs.

1.State rep.by Sub Inspector of Police Central Crime Branch-I (CCB-I) Chennai.

..1st Respondent/Complainant (Crime No.272 of 2023) 3.M.Devakumar ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to complaint in Cr.No.272 of 2023, on the file of 1st respondent police and quash the same. For Petitioner : Mr.D.Balachandran For R1 : Mr.A.Damodaran Additional Public Prosecutor for R1

ORDER

This petition has been filed seeking to quash the FIR in Crime No.272 of 2023, pending on the file of the 1st respondent Police.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 3.The contentions put forward by the learned counsel appearing on behalf of the petitioner is 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 report or a closure report, as the case may be, within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

27.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To

1. Sub Inspector of Police Central Crime Branch-I (CCB-I) Chennai.

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

N. ANAND VENKATESH, . J.

kp Crl.OP No.4557 of 2024 27.02.2024