Thomatharan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.21892 of 2023 1.Thomatharan S/o.Ramachandran 2.Pathmanaban S/o.Ramachandran 3.Vadamalai S/o.Munusamy 4.Gowri W/o.Sagadevan 5.Jagadeesan S/o.Vadamalai ... Petitioners Vs.

1.State represented by The Inspector of Police, Valathy Police Station, Villupuram Police Station.

Crime No.193 of 2023 2.Meenachi W/o.Kaliyaperumal ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.193 of 2023 on the file of first respondent herein and quash the same.

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For Petitioners : Mr.S.L.Venkatesan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.193 of 2023 on the file of first respondent.

2. Heard Mr.S.L.Venkatesan, 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. 2/4

4. Learned Additional Public Prosecutor submitted that there is a case in counter in Crime Nos.193 and 194 of 2023 on the file of first respondent.

5. 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.

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 [Crime Nos.193 & 194 of 2023] 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 three (3) months from the date of receipt of a copy of this order.

26.09.2023 Speaking Order/Non-speaking Order Index :Yes/No gm 3/4

N.ANAND VENKATESH, J.

gm To 1.The Inspector of Police, Valathy Police Station, Villupuram Police Station.

Crime No.193 of 2023 2.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.21892 of 2023 26.09.2023 4/4