Shanmuga Raj v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.145 of 2022 Shanmuga Raj S/o.Lingesan

...Petitioner

Vs 1.State of Tamil Nadu represented by Sub-Inspector of Police, D-1 Triplicane Police Station, Wallaja Road, Chennai - 600 005, Tamil Nadu.

2.Dr.W.S.Sumathi Resident Medical Officer, Omandurar Medical College and Hospital, Anna Salai, Opposite of The Hindu Office, Chennai - 600 002.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records of the first respondent in FIR No.488 of 2021 dated 25.06.2021 and quash the same against the petitioners herein.

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For Petitioner : Mr.Kiran Venkatesh For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

This petition has been filed seeking to quash the First Information Report in Crime No.488 of 2021 on the file of first respondent.

2. Heard Mr.Kiran Venkatesh, learned counsel for petitioner 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 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 2/4

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

03.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Sub-Inspector of Police, D-1 Triplicane Police Station, Wallaja Road, Chennai - 600 005, Tamil Nadu.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

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