Madras High CourtCRL OP(MD)/1237/2023disposed of

Rajendran v. The Inspector Of Police

2024-12-10Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.1237 of 2023 and Crl.M.P(MD)No.1092 of 2023 Rajendran ... Petitioner Vs

1. The Inspector of Police, District Crime Branch, Thanjavur (Crime No. 30 of 2022).

2. Sivakumar ... 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 FIR in Crime No. 30 of 2022 dated 14.10.2022 on the file of the 1st respondent police and quash the same as against the petitioner. For Petitioner : Mr.Karunanithi.M, For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) For R2 : Mr.R.Sundar

O R D E R

This petition has been filed to call for the records in Crime No.30 of 2022 on the file of the first respondent and quash the same.

2. Heard the learned counsel appearing on either side. 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.

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

10.12.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The Inspector of Police, District Crime Branch, Thanjavur.

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

N.ANAND VENKATESH, J.

LR Crl.O.P(MD)No.1237 of 2023 10.12.2024