S.Kandhasamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.21790 of 2023 and Crl.MP No.15072 of 2023

1. Mr.S.Kandhasamy

2. Kumaravel K

3. Yuvaraj K

4. K.Arun Kumar

5. M.Vijay

6. Shankar ..Petitioners vs.

1.The State rep.by, Rep. by the Sub Inspector of Police, T4 Madhuravoyal Police Station, Chennai ..1st Respondent/Complainant

2. Deepan ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR so far as the petitioners are concerned in Crime No.553 of 2023 dated 04.08.2023, on the file of Inspector of Police, T4, Madhuravoyal Police Station, Chennai. For Petitioner : Mr.M.Madhuprakash For Respondents : Mr.A.Gopinath Government Advocate

ORDER

This petition has been filed to quash the First Information Report in Crime No.553 of 2023, pending on the file of the 1st respondent police.

2.

Heard the learned Government Advocate appearing for the respondent on instructions submitted that there is a case and counter case pending in Crime No.552 and 553 of 2023 and the investigation is still pending.

3.The contentions put forward by the learned counsel appearing on behalf of the 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 of Cr.P.C. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police. It is also seen from records that the respondent police is investigating the case and counter in Crime Nos.552 and 553 of 2023.

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 in both the FIRs in in Crime Nos.552 and 553 of 2023, as the case may be, within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 22.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To

1. The State rep.by, Rep. by the Sub Inspector of Police, T4 Madhuravoyal Police Station, Chennai

2. The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, . J.

rka Crl.O.P No.21790 of 2023 22.09.2023