Madras High CourtCRL OP/19621/2019dismissed

B.Maheswari v. The Inspector Of Police

2019-07-24Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19621 of 2019 and Crl.M.P No.10049 of 2019 B.Maheswari ... Petitioner vs.

1. State Rep. by the Inspector of Police, S-10, Pallikaranai Police Station, Chennai .. 1st Respondent /Complainant

2. Samsudheen ..2nd respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.434 of 2019, on the file of the 1st respondent and quash the same. For Petitioner : M/s.Jayaprakash R For Respondents : Mr.M.Mohanded Riyaz Additional Public Prosecutor for R1

ORDER

This petition has been filed to call for the records in Crime No.434 of 2019 registered for an offence under Section 147, 148, 448, 427,

363, 294(b), 323, 324, 506(2) & Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, on the file of the 1st respondent and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the 1st respondent. 3.The contentions put forward by the learned counsel appearing on behalf of the petitioners 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 of Cr.P.C. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police.

4. 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.

5. 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 months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

24.07.2019 Speaking Order/Non-Speaking Order Index : Yes/No Internet : Yes/No rka To

1. The State Rep. by the Inspector of Police, S-10, Pallikaranai Police Station, Chennai

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

N. ANAND VENKATESH, . J.

rka Crl.O.P No.19621 of 2019 and Crl.M.P No.10049 of 2019 24.07.2019