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Madras High CourtCRL OP/19156/2018disposed of

Khadhar Maideen.A.M (M/A.57) v. State By,

2021-09-23Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.19156 of 2018 and Crl.M.P.No.10084 of 2018

1) Khadhar Maideen, S/o. Musthafa

2) Mohamed Askar, S/o Khadhar Maideen. ... Petitioners/Accused 1 & 2 Vs.

1.State rep.by the Inspector of Police, District Crime Branch, Erode.

(Cr.No.15/2018)

...Respondent/Complainant

2.Saburunisa, W/o. Mubarak Ali.

... Respondent/Defacto Complainant Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the records in the above Crime No.15 of 2018 on the file of the respondent Police and quash the FIR against the petitioners. For Petitioners : Mr. K. Subheramaniam For 1st Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) For 2nd Respondent : Mr. A. Ramaswamy

O R D E R

The petitioners have filed this petition seeking to call for the records in the above Crime No.15 of 2018 on the file of the respondent Police and quash the FIR against the petitioners.

2. The grounds raised by the counsel for the petitioners are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioners to raise all the grounds before the Investigating Officer and the same shall be https://hcservices.ecourts.gov.in/hcservices/

considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the 1st respondent Police.

3.It is now represented by the learned counsel appearing for the petitioners that without going into the merits of the case, it would suffice, if this Court issues direction to the law enforcing agency to expedite the investigation and complete the same as early as possible.

4.In view of the above, this Court directs the 1st respondent Police, to expedite the investigation in C.r.No.15 of 2018 and complete the same, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar NHS To 1.The Inspector of Police, District Crime Branch, Erode.

2.The Public Prosecutor, Madras High Court.

+1cc to Mr.A. Ramaswamy, Advocate SR.No.48867 Crl.O.P.No.19156 of 2018 & Crl.M.P. No. 10084 of 2018 MG(CO) GMY(22/10/2021) https://hcservices.ecourts.gov.in/hcservices/