Madras High CourtCRL OP(MD)/415/2023disposed of

Alima Jhanu v. The Inspector Of Police

2024-11-04Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.415 of 2023 and Crl.M.P.(MD).No.333 of 2023 Alima Jhanu ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by the Inspector of Police, Vanniyampati Vilakku Police Station, Virudhunagar District.

2.K.Karthikeya Manikandan

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the FIR in Crime No.156 of 2022 for the offence under Sections 147, 148, 341, 324, 365, 506(2) and 109 IPC, dated 09.09.2022, on the file of the first respondent and quash the same as illegal.

For Petitioner : Mr.K.Dinesh For R-1 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O RDER This petition has been filed to call for the records in Crime No.156 of 2022 for the offence under Sections 147, 148, 341, 324, 365, 506(2) and 109 IPC, dated 09.09.2022, on the file of the first respondent Police and quash the same

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

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. 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. 2/4

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

04.11.2024 Index : Yes/No Internet : Yes/No TSG To 1.The Inspector of Police, Vanniyampati Vilakku Police Station, Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH. J.

TSG 04.11.2024 4/4