Madras High CourtCRL OP/14124/2019disposed of

E.Venkatesan v. The Inspector Of Police

2019-06-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.14124 of 2019 and Crl.M.P.No.6848 of 2019

1. E.Venkatesan

2. E.Shankar .. Petitioners/Accused .Vs.

1. The State rep.by The Inspector of Police, R-8, Vadapalani Police Station, Vadapalani, Chennai 600 026.

R1/R2

2. N.Murali R2/Defacto Complaint PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records pertaining to Crime No.633 of 2018, on the file of the 1st respondent and quash the same as illegal, incompetent and abuse of process.

For Petitioner : Mr.R.Jayaprakash For R 1 : Mr.C.Raghavan Government Advocate

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 petitioners 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 https://hcservices.ecourts.gov.in/hcservices/

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.

4.It is also seen that the same respondent Police are investigating the case and counter pending in Cr.Nos.567 and 633 of 2018, and therefore, the respondent Police must be permitted to complete the investigation in both the cases and this Court cannot interfere with the FIR in one case at this stage.

5.Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondent Police to complete the investigation within a period of two months from the date of receipt of a copy of the order and file a Final Report or a Closure Report as the case in Cr.Nos.567 & 633 of 2018.

This Criminal Original Petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar KP To

1. The Inspector of Police, R-8, Vadapalani Police Station, Vadapalani, Chennai 600 026.

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

+1cc to Mr.R.Jayaprakash , Advocate SR.No. 44954 Crl.OP No.14124 of 2019 A.SK(10/07/2019) https://hcservices.ecourts.gov.in/hcservices/