Madras High CourtCRL OP/6449/2024dismissed

Samundeeswari v. The Sub-Inspector Of Police

2024-03-18Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.S.Samundeeswari 2.V.Sivanesan 3.P.Palani .. Petitioners Vs.

1.The Sub-Inspector of Police, Walajapet Police Station, Ranipet District.

(Crime No.376 of 2022) 2.S.Shankar .. Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records relating to F.I.R. No.376 dated 26.08.2022 registered under Section 306 IPC on the file of the SubInspector of Police, Walajapet Police Station, Ranipet District and quash the same as illegal, abuse of process of Court and allow the present Criminal Original Petition.

For petitioners :

Mr.M.Nallathambi For R1 :

Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This quash petition has been filed to quash the FIR in Crime No.376 of 2022 pending on the file of the 1st respondent. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for 1st 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. 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 2/4

1st 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. 18.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Sub-Inspector of Police, Walajapet Police Station, Ranipet District.

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

N.ANAND VENKATESH, J.

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