Mr. Rajendiran Thangavel v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.11371 of 2022 and Crl.M.P.No.6562 of 2022 Rajendran Thangavel

...Petitioner

vs.

1.State rep. By The Inspector of Police, Varanjaram Police Station Villupuram District (Crime No.537 of 2017) 2.Panneerselvam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.537 of 2017 on the file of the first respondent and quash the same.

For Petitioner :

Ms.R.Meenakshi Devi For Respondent :

Mr.E.Raj Thilak Addl.Public Prosecutor.

ORDER

This petition has been filed seeking to quash the FIR registered by the respondent Police and which is pending investigation.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3.The contentions put forward by the learned counsel appearing on behalf of the petitioner is 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. That apart, the Hon'ble Supreme Court in [Neeharika Infrastructure P Ltd Vs. State of Maharashtra and others] reported in 2021 (2) MWN https://hcservices.ecourts.gov.in/hcservices/

Cr. 90 (SC) has issued guidelines and has held that quashing of an FIR should be an exception and a rarity than an ordinary rule.

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 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 two months from the date of receipt of a copy of the order. Consequently, connected miscellaneous petition is closed. Sd/- Vacation Officer //True Copy// Sub Assistant Registrar KST/BKN To 1.The Inspector of Police, Varanjaram Police Station Villupuram District.

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

Crl.O.P.No.11371 of 2022 PA (CO) PR (26/05/2022) https://hcservices.ecourts.gov.in/hcservices/