Madras High CourtCRL OP/21809/2023dismissed

Bagyavathi v. State Rep.By

2023-09-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.21809 of 2023 and Crl.MP.No.15099 of 2023 1.Bagyavathi, A-60 Y W/o.Dharmaraj 2.Dharmaraj, A-64 Y S/o.Late HM Matha Gowder 3.Mithun, A-32 Y S/o.Dharmaraj .. Petitioners .Vs.

1.The State of Tamil Nadu Rep.by its Inspector District Crime Branch Nilgiris.

.. 1st Respondent/Complainant FIR No.4 of 2019 2.Krishnasamy P S/o.Periyanna Gownder ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.4 of 2019, on the file of the 1st respondent police for offences under Sections 120B and 420 IPC and quash the same as illegal and without jurisdiction.

For Petitioners : Mr.R.Harikrishnan For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) for R1

ORDER

This petition has been filed to quash the FIR in Crime No.4 of 2019, on the file of the 1st respondent.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the 1st 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.

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

22.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.The Inspector District Crime Branch Nilgiris.

2.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.21809 of 2023 22.09.2023