Madras High CourtCRL OP/5125/2021disposed of

Thomas Alva Edison v. State Rep.By

2021-03-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5125 of 2021 and Crl.M.P No.3266 of 2021 1.Thomas Alwa Edison, S/o.Arockyaraja 2.Mariya Soosai Nizon, S/o.Arockiyaraj ..Petitioners/Accused vs.

1. State rep. By The Inspector of Police, DCB, Nagapattinam (Crime No.9 of 2020)

2. Vasanthi, W/o.Rajendran ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR in Crime No.9 of 2020 dated 18.12.2020 before the respondent police and quash the same.

For Petitioners: Mr.N.R.Elango, Senior Counsel for M/s.E.Raj Thilak For R1 : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

ORDER

This petition has been filed to call for the records in Crime No.9 of 2020 dated 18.12.2020 pending on the file of the first respondent police and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the first respondent.

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. 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 https://hcservices.ecourts.gov.in/hcservices/

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 months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar kal To

1. The Inspector of Police, DCB, Nagapattinam

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

Crl.O.P No.5125 of 2021 and Crl.M.P No.3266 of 2021 PCH(CO) GMY(08/04/2021) https://hcservices.ecourts.gov.in/hcservices/