Madras High CourtCRL OP/11813/2017disposed of

Ameen Shah, M/A 55 Years, v. The State Of Tamil Nadu,

2021-03-02Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P Nos.11813, 12328 & 4579 of 2017 and Crl MP Nos.7748, 8053 & 3458 of 2017

1. Ameen Shah

2. Mrs.Aneesa Hohara ... Petitioners/Accused 3 &4 in Crl OP No.11813/17 A.Mohammed Hussain ... Petitioner/Accused 2 in Crl OP No.12328/17 Mohamed Sheriff ... Petitioner/Accused 1 in Crl OP No.4579/17 vs.

1. The State of Tamil Nadu Rep. By Inspector of Police, W-10, All Women Police Station, Flower Bazar, Chennai 600 001 ...1st Respondent/complainant in all the petitions

2. Mrs.Sabbura Parveen Banu ... 2nd Respondent/ Defacto complainant in all the petitions PRAYER (in Crl OP Nos.11813 & 12328 of 2017): Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR in Crime No.1 of 2017 on the file of the first respondent Police Station and quash the same.

PRAYER (in Crl OP No.4579 of 2017): Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to quash the FIR in Crime No.1 of 2017 registered on 07.01.2017 for the offences punishable under Sections 498-A, 406, 506(ii) IPC and 4 TNPHW Act 2002 pending on the file of the first respondent Police.

For Petitioners: Mr.L.Shagadevan (in each of the petitions)for M/s.A.Ilaya Perumal For Respondent : Mr.M.Mohamed Riyaz (in all the petitions Additional Public Prosecutor for R1

COMMON ORDER These petitions have been filed to call for the records in Crime No.1 of 2017 on the file of respondent Police and quash the same.

2. Heard the learned counsel appearing for the petitioners in each of the petitions and the learned Additional Public Prosecutor appearing for the first respondent in all the petitions.

3.The contentions put forward by the learned counsel appearing on behalf of the petitioners 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.

4. In the facts and circumstances of the cases, this Court is not inclined to interfere with the investigation conducted by the respondent Police at this stage.

5. In the result, these Criminal Original Petitions are 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 petitions are closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar jv To

1. The Inspector of Police, W-10, All Women Police Station, Flower Bazar, Chennai 600 001.

2. The Additional Public Prosecutor, High Court of Madras, Chennai 600 104.

+3 ccs to M/s.A.Ilaya Perumal Advocate sr13041, 13042 and 13043 Crl.O.P Nos.11813, 12328 & 4579 of 2017 and Crl MP Nos.7748, 8053 & 3458 of 2017 rr(co) aa30/03/2021