Mageshwari v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.3623 of 2024 1.Mageshwari 2.Tharun 3.Ramesh .. Petitioners Vs.

State Rep. by it's:

1.The Inspector of Police, Pennalurpet Police Station, Tiruvallur District.

(Crime No.432 of 2024) 2.Kanakammal .. Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records and quash all the proceedings in Crime No.432 of 2023 now pending investigation on the file of the 1st respondent.

For petitioners :

Mr.S.C.Pratheep Ashok Kumar For R1 :

Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This petition has been filed to call for the records of the proceedings in Crime No.432 of 2023 on the file of the 1st respondent and quash the same.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the 1st respondent. 3.The learned Additional Public Prosecutor submitted that that there is a case and counter in Crime No.432 of 2023 and Crime No.433 of 2023.

4.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. 5.In the facts and circumstances of the case, this Court is not 2/4

inclined to interfere with the investigation conducted by the respondent Police at this stage.

6.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 in Crime No.432 of 2023 and the counter case in Crime No.433 of 2023 and complete the investigation and file a final report or a closure report, as the case may be, within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

05.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.State Rep. by it's:

The Inspector of Police, Pennalurpet Police Station, Tiruvallur District.

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

N.ANAND VENKATESH, J.

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