Madras High CourtCRL OP/18088/2023disposed of

Kuberan v. Inspector Of Police

2023-08-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and Crl.M.P.No.11957 of 2023 Kuberan S/o. Subramaniyan ... Petitioner vs.

1. The State of Tamilnadu Rep. by Inspector of Police, Veppur Police Station, Virudhachalam, Cuddalore District.

2. Bhavani, W/o. Anandhan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for records in connection with Crime No.1403 of 2020 pending before the first respondent and quash the same. For Petitioner : Mr. B.Vasanthan For Respondents : Mr. A.Damodaran Additional Public Prosecutor [R1] ***** 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.1403 of 2020 on the file of first respondent.

2. Heard Mr.B.Vasanthan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for State/first respondent.

3. The contentions put forward by learned counsel appearing on behalf of petitioner are 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 Cr.P.C. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police.

4. Learned Additional Public Prosecutor submitted that there is a case in counter in Crime No.1402 of 2020 and both the cases in Crime Nos.1402 and 1403 of 2020 are investigated by the first respondent. 2/4

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. 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 three (3) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

11.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order gm 3/4

N. ANAND VENKATESH., J gm To

1. The Inspector of Police, Veppur Police Station, Virudhachalam, Cuddalore District.

2. The Public Prosecutor, High Court, Madras.

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