Madras High CourtCRL OP/18145/2021disposed of

Saraswathy v. State Rep By

2021-10-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.18145 OF 2021 & CRL.M.P.NO.9968 OF 2021 1.Saraswathy 2.Rajesh Kumar 3.Rajasekar 4.Marimuthu 5.Mahalaxmi

...Petitioners/ Accused 1 to 5

Versus

1.State by The Inspector of Police, ARNI TALUK Police Station, Thiruvannamalai District.

(Crime No.119 of 2020) ...1st Respondent / Complainant 2.Sudhakar ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the Crime No.119 of 2020 on the file of the 1st respondent and to quash the same.

For Petitioner :

Mr.W.Camyles Gandhi.

For Respondents :

Mr.A.Damodharan, Addl. Public Prosecutor For R1.

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.119 of 2020, dated 01.03.2020 on the file of the respondent Police.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent Police.

3. The contentions put forward by the learned counsel appearing on behalf of the petitioner are purely factual in https://hcservices.ecourts.gov.in/hcservices/

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 1st respondent Police. It is also seen from records that the 1st respondent police is investigating the case in Crime No.119 of 2020 and counter case in Crime No.120 of 2020.

4. In the facts and circumstances of the case, this Court is not inclined to interfere with the investigation conducted by the 1st respondent Police at this stage.

5. In the result, this Criminal Original Petition is dismissed and the 1st respondent Police is directed to follow Police Standing Order 566 and 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar mrp/mpl To 1.The Inspector of Police, ARNI TALUK Police Station, Thiruvannamalai District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate SR.No.54672 CRL.O.P.No.18145 of 2021 & Crl.M.P.No.9968 of 2021 SJ(CO) RVM(09/12/2021) https://hcservices.ecourts.gov.in/hcservices/