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Madras High CourtCRL OP/17195/2023dismissed

Muthusamy v. The State Represented By Inspector Of Police

2023-08-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Muthusamy S/o.Chinna Gounder 2.Unnamalai W/o.Chinna Gounder

...Petitioners

Vs 1.The State represented by Inspector of Police, Melchengam Police Station, Tiruvannamalai District - 606 703.

Crime No.236 of 2023 2.Praveen Kumar S/o.Sundharesan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to quash the First Information Report in Crime No.236 of 2023 dated 12.05.2023 on the file of first respondent. For Petitioners : Mr.S.Natarajan For Respondents : Mr.A.Damodaran Additional Government Pleader [R1] *****

O R D E R

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This petition has been filed seeking to quash the First Information Report in Crime No.236 of 2023 on the file of first respondent.

2. Heard Mr.S.Natarajan, learned counsel for petitioners 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 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 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 appearing on behalf of first respondent submitted that there is a case in counter in Crime No.237 of 2023.

5. 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 both the cases 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. 04.08.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Inspector of Police, Melchengam Police Station, Tiruvannamalai District - 606 703.

Crime No.236 of 2023 2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

gm 04.08.2023 4/4