Madras High CourtCRL OP(MD)/19312/2018dismissed

R.Venkateshwar, v. The Deputy Superintendent Of

2018-10-30Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.19312 of 2018 and CRL.M.P.(MD)No.8707 of 2018 R.Venkateshwar .. Petitioner/Accused No.1 -Vs1.The Deputy Superintendent of Police, Pattukkottai Sub-Division, Thanjavur District.

2.The Inspector of Police, Peravurani Police Station, Peravurani, Thanjavur District.

(In Crime No.133 of 2018) .. 1st and 2nd Respondents/Complainants 3.Vanmikinathan .. 3rd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the Cr.No.133/2018 on the file of the 1st and 2nd respondents herein and quash the same in so far as this petitioner/A1. For Petitioners : Mr.K.M.Karunakaran For Respondents : Mr.K.Suyambulinga Bharathi for R1 & R2 Government Advocate (Crl. Side)

ORDER

This Criminal original Petition has been filed seeking to quash the proceedings in Crime No. 133/2018 pending on the file of the second respondent police.

2.The learned counsel for the petitioner has raised several factual issues before this Court. This Court cannot go into those factual issues while considering the petition for quashing F.I.R in Crime No.133 of 2018. Those facts will have to be take into consideration by the respondent police in the course of investigation.

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3.Accordingly, this Criminal Original Petition is dismissed. The respondent police is directed to investigate and file a final report within a period of three months from the date of receipt of a copy of this order. It is left open to the petitioner to challenge the final report, if so advised. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Deputy Superintendent of Police, Pattukkottai Sub-Division, Thanjavur District.

2.The Inspector of Police, Peravurani Police Station, Peravurani, Thanjavur District.

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

CRL.O.P.(MD)No.19312 of 2018 30.10.2018 TM ES/BK/SAR 1/13.12.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/