Madras High CourtCRL OP/21260/2019disposed of

M.Purushothaman v. State Rep. By

2019-08-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.21260 of 2019 M.Purushothaman ....Petitioner/Accused vs.

1.State Rep By Inspector of Police, Arcot Town Police Station, Vellore Dist.

... 1st Respondent/Complainant 2.Sindhuja ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records of the First Information Report in Crime No.683/2018 on the file of Arcot Town Police Station, Arcot, Vellore District and quash the same as illegal and improper.

For Petitioner : M/s.A.Laxmi Rajarathinam For Respondents: Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

This petition has been filed to call for the records of the First Information Report in Crime No.683/2018 on the file of Arcot Town Police Station, Arcot, Vellore District and quash the same as illegal and improper.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 3.The contentions put forward by the learned counsel appearing on behalf of the petitioner is 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. https://hcservices.ecourts.gov.in/hcservices/

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.It is brought to the notice of this Court that there is a case and counter and based on the complaint given by the petitioner an F.I.R. has been registered against the 2nd respondent and others in Crime No.684 of 2018. Therefore, this Court cannot interfere with one of the F.I.R. and both the F.I.R.s will have to be necessarily investigated by the respondent police in accordance with PSO588.

6.In the result, this Criminal Original Petition is dismissed and the respondent Police is directed to proceed further with the investigation in Crime Nos.683 and 684 of 2018 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 four months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar vs To 1.The Inspector of Police, Arcot Town Police Station, Vellore Dist.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Laxmi Rajarathinam, Advocate, S.R.No. 67915 +1cc to Mr.A.Laxmi Rajarathinam, Advocate, S.R.No. 67915 (20/08/2019) Crl.O.P.No.21260 of 2019 JP(CO) GN(09/08/2019) https://hcservices.ecourts.gov.in/hcservices/