Sameera Aftab v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH & Crl.M.P.No.4202 of 2024 Sameera Aftab D/o.Muhammad Aleem Abdullah ... Petitioner Vs.

1.State represented by Inspector of Police, Anna Nagar Police Station, Chennai District.

Crime No.317 of 2022 2.Shahida Aleem W/o.Dr.Muhammad Aleem Abdullah ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for records and quash the First Information Report in Crime No.317 of 2022 on the file of first respondent police.

For Petitioner : Mr.S.Esakkimuthu For Respondents : Mr.A.Damodaran Additional Public Prosecutor[R1] ***** 1/4

O R D E R

This petition has been filed to call for the records in Crime No.317 of 2022 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.

5. The dispute is between the mother and the daughter. The 2/4

petitioner is now residing in Canada. The first respondent police is not able to make any progress in this case since they were not able to record the statement of the petitioner. Hence, there shall be a direction to the petitioner to immediately give the e-mail details of the petitioner to the first respondent. On receipt of the same, the first respondent shall send a notice u/s.41-A Cr.P.C. through e-mail to the petitioner and fix a date for the enquiry of the petitioner through video conferencing platform. On recording the statement of the petitioner, the first respondent police shall come to a conclusion.

In the result, this Criminal Original Petition is dismissed and the first 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 three (3) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 11.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm N.ANAND VENKATESH, J.

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gm To 1.The Inspector of Police, Anna Nagar Police Station, Chennai District.

Crime No.317 of 2022

2. The Public Prosecutor, Madras High Court, Chennai - 104.

11.03.2024 4/4