Mary Nirmal Rose v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.11047 of 2023 Sr.Mary Nirmal Rose D/o.Irudayam

...Petitioner

Vs 1.The State represented by The Sub-Inspector of Police, Polur Police Station, Tiruvannamalai District.

Crime No.47 of 2022 2.S.Dhayalan District Educational Officer, Polur Educational District, Tiruvannamalai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to allow this petition and to quash the FIR in Crime No.47 of 2022 dated 16.02.2022 registered with the SubInspector of Police, Polur Police Station, Tiruvannamalai Dsitirct, insofar as the petitioner/A1 is concerned.

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For Petitioner : Mr.K.V.Muthuvisakan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

This petition has been filed seeking to quash the First Information Report in Crime No.47 of 2022 on the file of first respondent.

2. Heard Mr.K.V.Muthuvisakan, 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. In the facts and circumstances of the case, this Court is not inclined 2/4

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 six (6) weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

31.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Sub-Inspector of Police, Polur Police Station, Tiruvannamalai District.

Crime No.47 of 2022 2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

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