Madras High CourtCRL OP(MD)/2041/2023disposed of

L.Balaji v. The Inspector Of Police

2024-11-05Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)Nos.2041, 2220 of 2023 and Crl.M.P(MD)Nos.1788 , 1789, 1958 & 1960 of 2023 For Crl.O.P(MD)No.2041 of 2023 L.Balaji ... Petitioner Vs Crime No.20 of 2014.

2. K.Jeyachandran ... Respondents PRAYER: Criminal Original petitions have been filed under Sections 439

(1) (b) of the Code of Criminal Procedure, to call for the records relating to Crime No.20 of 2014 on the file of the first respondent and quash the same as against the Petitioner.

For Petitioner : Mr.K.Bala Sundaram For M/s.KBS Law office For R1 : Mr.S.Ravi Additional Public Prosecutor For R2 : Mr.V.P.Narayana Kumar

For Crl.O.P(MD)No.2220 of 2023 J.Suresh ... Petitioner Vs Crime No.20 of 2014.

2. K.Jeyachandran ... Respondents PRAYER: Criminal Original petitions have been filed under Sections 439

(1) (b) of the Code of Criminal Procedure, to call for the records relating to Crime No.20 of 2014 on the file of the first respondent and quash the same as against the Petitioner.

For Petitioner : Mr.K.Bala Sundaram For M/s.KBS Law office For R1 : Mr.S.Ravi Additional Public Prosecutor For R2 : Mr.K.P.Narayana Kumar C O M M O N

O R D E R

These Criminal Original Petitions have been filed seeking to quash the FIR in Crime No.20 of 2014 pending investigation on the file of the first respondent.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent police. 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.

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, these Criminal Original Petitions are 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. If ultimately final report is filed against the petitioners and process is issued to the petitioners, they are aggrieved by the same, it is left open to them to workout their remedy in the manner known to law, if so advised. Consequently, the connected miscellaneous petitions are closed. 05.11.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR To 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.ANAND VENKATESH, J.

LR Crl.O.P(MD)Nos.2041 and 2220 of 2023 05.11.2024