Madras High CourtCRL OP(MD)/1936/2023disposed of

R.M.Balaji v. The Inspector Of Police

2024-11-05Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and CRL.MP(MD). No. 1711 of 2023 R.M.Balaji ... Petitioner / Accused Rank Not Known Vs.

1. The State, Rep by the Inspector of Police, Cyber Crime Police Station, CCD-III, Madurai District.

(Crime No. 21 of 2022) ... 1st Respondent / Complainant

2. Ramesh Kumar ... 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.21 of 2022 on the file of the 1st respondent police and quash the same. For Petitioner :

M/s.H.Mohammed Imran For R-1 :

M/s.B.Thanga Aravindh, 1/4

Government Advocate (Crl. Side) For R-2 :

Mr.V.R.Shanmuganathan

ORDER

This petition has been filed to call for the records in Crime No.21 of 2022 on the file of the Inspector of Police, Cyber Crime Police Station, CCD-III, Madurai District. and quash the same.

2. Heard the learned counsel on either side and perused the materials placed on record.

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.

05.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No pal To

1. The Inspector of Police, Cyber Crime Police Station, CCD-III, Madurai District.

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

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N.ANAND VENKATESH,J.

pal Order made in 05.11.2024 4/4