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Madras High CourtCRL OP/20113/2017dismissed

Velmurugan, M/A 47 Years, v. The State Rep By Its,

2021-11-25Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.20113 of 2017 and Crl.M.P.No.12117 of 2017 1.Velmurugan 2.Kandasamy 3.Jegannathan 4.Ramakrishnan 5.Murugesan 6.Periyasamy 7.Venkatesan 8.Palanimuthu 9.Velmurugan 10.Vaithialingam 11.Chinnasasmy 12.Sellamuthu 13.Krishnasamy @ Padaiyappa 14.Velmurugan 15.Ilayaraja 16.Periyasamy 17.Krishnasamy 18.Ramakrishnan

...Petitioners/Petitioners

Vs.

State Rep.by Inspector of Police, Mangalamedu Circle, Perambalur District.

...Respondent/Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records on the file of the Respondent Police in connected with F.I.R in Crime No.159 of 2015 and quash the same.

For Petitioners : Mr.K.Sanjay For Respondent : Mr.R.Kishore Kumar Government Advocate(Crl.side)

ORDER

This criminal Original Petition has been filed to call for the records on the file of the Respondent Police to quash the F.I.R in Crime No.159 of 2015.

https://hcservices.ecourts.gov.in/hcservices/

2.Learned counsel for the petitioners submitted that the accused objected the petitioners for fixing the flex banner. Thereafter, consequent to the same, they also caused damages to the house of the defacto complainant by setting fire to the house. As a result, the house has been completely destroyed and serious allegation has been made out and it has to be investigated.

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.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msv/nr To

1. The Inspector of Police, Mangalamedu Circle, Perambalur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Sanjay, Advocate, S.R.No.61612 Crl. O.P. No.20113 of 2017 and Crl.M.P.No.12117 of 2017 KSM(CO) CT 09/12/2021 https://hcservices.ecourts.gov.in/hcservices/