Andiyappan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.16414 of 2019 1.Andiyappan 2.Amaravathi 3.Chitra 4.Anbarasu

...Petitioners/Accused

-Vs1.State Rep by its, The Inspector of Police, Kallavi Police Station, Krishnagiri District.

2.Nithya ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in connection with the Crime No.70 of 2019 on the file of the respondent and quash the same.

For Petitioners : M/s.K.Thiruvengadam For Respondents : Mr.M.Mohamed Riyaz Additional 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. https://hcservices.ecourts.gov.in/hcservices/

4. Admittedly, in this case there is a case in counter, pending investigation in Crime Nos.69 and 70 of 2019 and therefore, both the cases must be investigated by the respondent police in order to find out the real aggressor.

5. 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.

6. 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/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar ub To 1.The Inspector of Police, Kallavi Police Station, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras +1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.52977 Crl.O.P.No.16414 of 2019 PP(CO) RRS(04/07/2019) https://hcservices.ecourts.gov.in/hcservices/