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Madras High CourtCRL OP/17390/2023dismissed

Vikash v. State Rep By

2023-08-07Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.11293 of 2023

1. Vikash

2. Pramila

3. Devan .. Petitioners

Versus

1. The State rep. by The Inspector of Police, All Women Police Station, West, Coimbatore City, Coimbatore District.

(Crime No.17 of 2023)

2. Esther Jasmine .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the impugned F.I.R lodged as against the petitioners herein in Crime No.17 of 2023, on the file of the 1st respondent Police for the alleged offences under Sections 417, 420 of I.P.C and under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and quash the same.

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For Petitioners : M/s.W.Camyles Gandhi For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1

ORDER

This petition has been filed to call for the records in Crime No.17 of 2023 on the file of the Inspector of Police, All Women Police Station, West, Coimbatore city, Coimbatore district.

2. Heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor for the first 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.

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

07.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Inspector of Police, All Women Police Station, West, Coimbatore City, Coimbatore District.

2. The Public Prosecutor, 3/5

High Court of Madras.

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N.ANAND VENKATESH, J.

grs and Crl.M.P.No.11293 of 2023 07.08.2023 5/5