Madras High CourtCRL OP/18628/2023dismissed

Mohamed Uzama v. State Rep By

2023-08-17Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.12425 of 2023 Mohamed Uzama S/o.T.M.A Liakath Alikhan ... Petitioner Vs.

1.State represented by The Inspector of Police, Central Crime Branch-1, Chennai.

Crime No.121 of 2022 2.Moosa Mohamed S/o.Mohamed Moosa ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pending on the file of first respondent police in Crime No.121 of 2022 and quash the same. For Petitioner : Mr.M.Rajkumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] Mr.A.Madhumathi [R2] ***** 1/4

O R D E R

This petition has been filed seeking to quash the First Information Report in Crime No.121 of 2022 on the file of first respondent.

2. Heard Mr.M.Rajkumar, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for 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 to interfere with the investigation conducted by the respondent Police at this stage.

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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 two (2) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

17.08.2023 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Inspector of Police, Central Crime Branch-1, Chennai.

Crime No.121 of 2022 2.The Public Prosecutor, Madras High Court, Chennai.

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N.ANAND VENKATESH, J.

gm 17.08.2023 4/4