Madras High CourtCRL OP/17592/2019dismissed

K.Valarmathi @ Valarthangasm v. State Rep.By

2019-07-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl OP.No. 17592 of 2019 and Crl.M.P.No.8886 of 2019 K. Valarmathi @ Valarthangam ... Petitioner/Accused Vs.

1. The state Represented by The Inspector of Police, Jeyankondam Police Station Ariyalur.

..1st Respondent/Complainant

2. Manikandan .. 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original petition is filed under Section 482 of Cr.P.C to call for the records to connect with the case of crime No:116/2019 on the file of the 1st respondent and subsequently quash the same as illegal.

For Petitioner : Mr.G. Prabhu For Respondent-1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

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. It is seen that based on the same same incident, multiple F.I.Rs are being registered and therefore the petitioner is is finding difficulty to face the prosecution at different police stations for the same incident. Therefore, there shall be a direction to the Director General of Police to transfer all the connected cases to the file of the Inspector of Police , Jeyankondam Police Station, Ariyalur where Crime No.116 of 2019 is pending and all those complaints shall be recorded as 161 statement in the said crime no. Any F.I.R apart from C.No.116 of 2019 shall be closed and those complaints can be made +-f investigation in Crime No.116 of 2019 and the statement of the complaints can be recorded Under Section 161 of Cr.P.C.

5. In the fact 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 four months from the date of receipt of a copy of the order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar smn To

1. The Director General of Police, Chennai 2.The Inspector of Police, Jeyankondam Police Station Ariyalur.

3. The Public Prosecutor, High Court of Madras, Madras. +1cc to Mr.G.Prabhu, Advocate SR.No.56697 Crl.O.P.No. 17592 of 2019 and Crl.M.P.Nos.8886 of 2019 VBA(CO) GMY(21/08/2019) https://hcservices.ecourts.gov.in/hcservices/