Beula Rajakumari v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.19949 of 2019 and Crl.M.P.No.10234 of 2019

1. Beula Rajakumari

2. Suganthi ... Petitioners vs.

1. State rep by.

The Inspector of Police, K4, Anna Nagar Police Station, Chennai - 600 040.

(Crime No.477 of 2019)

2. Albert Rajkumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.477 of 2019 on the file of the respondent police and quash the same. For Petitioners : Mr.Aruna Elango For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.477 of 2019, on the file of the Inspector of Police, K4, Anna Nagar Police Station, Chennai - 600 040, and quash the same.

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

3. It is seen from records that there is a case in counter and the respondent police is Investigating both the cases in Crime No.477 of 2019. Therefore, one FIR cannot be questioned at this stage and the investigation has to be conducted in both FIR's.

4. 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.

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 1st respondent Police is directed to proceed further with the investigation in both the FIRs 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.

26.07.2019 Speaking Order/Non-Speaking Order Index : Yes/No Internet : Yes/No ub To

1. The Inspector of Police, K4, Anna Nagar Police Station, Chennai - 600 040.

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

N. ANAND VENKATESH, . J.

ub Crl.O.P.No.19949 of 2019 and Crl.M.P.No.10234 of 2019 26.07.2019