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Madras High CourtCRL OP/456/2024dismissed

T.S.Srinivasan (Alias) Seenu v. State Rep By

2024-01-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH T.S.Srinivasan S/o.Subramani ... Petitioner Vs.

1.State represented by The Inspector of Police, Avadi City Central Crime Branch, Avadi, Thiruvallur District.

2.P.Selvarathinam S/o.Perumal ... Respondents Prayer: Petition filed under Section 482 CrPC to call for the records in Crime No.39 of 2023 dated 27.06.2023 against the petitioner / fourth accused herein, pending on the file of respondent police and quash the same.

For Petitioner : Mr.L.Prakash Raj For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

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This petition has been filed seeking to quash the First Information Report in Crime No.39 of 2023 on the file of the first respondent.

2. Heard Mr.L.Prakash Raj, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for 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 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.

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.

In the result, this Criminal Original Petition is dismissed and the 2/4

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, as expeditiously as possible. 11.01.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Inspector of Police, Avadi City Central Crime Branch, Avadi, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J.

gm 11.01.2024 4/4