Madras High CourtCRL OP(MD)/3049/2018dismissed

M.Pagavathirajan, v. The Inspector Of Police,

2018-09-12Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.3049 of 2018 and Crl.M.P.(MD)Nos.1395 and 1396 of 2018 M.Pagavathirajan

...Petitioner

Vs.

1.The Inspector of Police, Melur(Law and Order)Police Station, Madurai District.

(Crime No.531 of 2017) ...1st Respondent/Complainant 2Palanivelrajan ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for the records of the case in Crime No.531 of 2017 on the file of the first Respondent Police and quash the same.

For Petitioners : Mr.M.Venkatesan For R-1 : Mr.M.Chandra Sekaran Additional Public Prosecutor For R-2 : No appearance

O R D E R

This petition has been filed to quash the F.I.R. in Crime No.531 of 2017.

2.The learned counsel for the petitioner would submit that the alleged incident is said to have taken place on 13.05.2017 and the F.I.R. itself registered only on 17.05.2017. The learned counsel would further submit that there is a delay in registering the F.I.R. and the bus driven by the petitioner was not at all involved in the accident.

https://hcservices.ecourts.gov.in/hcservices/ 3.This Court cannot go into the factual aspect at the time

of considering the petition to quash the F.I.R. The Hon'ble Supreme Court has held that this Court cannot conduct a mini investigation in a petition filed to quash the F.I.R.. 4.In the facts and circumstances of the case, there shall be a direction to the respondent police to file a final report within a period of two months from the date of receipt of a copy of this order.

5.This Criminal Original Petition is dismissed with the above direction. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (CRL-SIDE) // True Copy // Sub Assistant Registrar(CS-III) To 1 .The Inspector of Police, Melur(Law and Order)Police Station, Madurai District.

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

+ 1 CC TO MR.M.VENKATESAN, ADVOCATE IN SR NO.84020 LS BU/RP/SAR-III :11.10.2018 : 2P/4C Crl.O.P.(MD).No.3049 of 2018 12.09.2018 https://hcservices.ecourts.gov.in/hcservices/