Manimekalai v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.2878 of 2024 1.Manimekalai 2.Vigneshwar

...Petitioners

Vs.

1.The State of Tamil Nadu Rep. by The Inspector of Police, E-1, Mylapore Police Station, Chennai - 600 004.

(Crime No.326 of 2023) 2.G.Revathi

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the FIR in Crime NO.326 of 2023 dated 30.08.2023 pending on the file of 1st respondent police. For Petitioner : Mr.A.Parthiban For Respondent : Mr.A.Damodaran Additional Public Prosecutor for R1 1/4

ORDER

This petition has been filed to call for the records in Crime No.35 of 2019 on the file of the Inspector of Police, Gudiyatham Police Station, Vellore District and quash the same.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor 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. This Court must also bear in mind the parameters laid down by the Apex Court in Neeharika Infrastructure Pvt.Ltd., case reported in 2021 SCC Online SC 315. 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.325 and 326 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. 2/4

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.

13.02.2024 Index: Yes/No Internet: Yes/No ssr To 1.The Inspector of Police, E-1, Mylapore Police Station, Chennai - 600 004.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr CRL.O.P No.2878 of 2024 13.02.2024 4/4