Madras High CourtCRL OP(MD)/1033/2023disposed of

Nazeena Sheeba Parveen 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 HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD) No.941 of 2023 Nazeena Sheeba Parveen ... Petitioner/ Sole Accused Vs.

1.State of Tamil Nadu Rep. by Inspector of Police, Keelakkarai Police Station, Ramanathapuram District.

(In Crime No.201 of 2022) ... Respondent No.1/ Complainant 2.Muthuram ... Respondent No.2/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of FIR in Crime No.201 of 2022 on the file of the first respondent police station and quash the same.

For Petitioner : Mr.J.Hariharan For Respondents : Mr.S.Ravi Additional Public Prosecutor for R1 Mr.K.Sivabalan for R2 1/4

O R D E R

This petition has been filed to quash the FIR in Crime No. 201 of 2022 pending investigation on the file of the first respondent police.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent. 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, connected miscellaneous petition is closed. 04.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN To 1.The Inspector of Police, Keelakkarai Police Station, Ramanathapuram District.

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

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N.ANAND VENKATESH,J.

PKN Crl.O.P.(MD)No.1033 of 2023 Dated: 04.11.2024 4/4