Madras High CourtCRL OP(MD)/11471/2017dismissed

Shanmuganathan, v. The Sub Inspector Of Police,

2019-11-21Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.(MD) No.11471 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.11471 of 2017 and Crl.M.P.(MD) No.7882 of 2017 Shanmuganathan ... Petitioners/ Sole Accused .Vs.

1. State Rep. by The Sub Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

(Crime No.45/2017) ... R-1/ Complainant

2. Nagaraj ... R-2/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to Cr.No.45 of 2017 on the file of the 1st Respondent Police and quash the same.

For Petitioner : Mr.R.Karunanithi For R1 : Mr.S.Chandrasekar, Additional Public Prosecutor.

For R2 : No Appearance

O R D E R

This Criminal Original Petition has been filed seeking to quash proceedings in Cr.No.45 of 2017 on the file of the 1st Respondent Police.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent Police.

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Crl.O.P.(MD) No.11471 of 2017

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. 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 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 two (2) months from the date of receipt of a copy of the order. Consequently, connected Crl.M.P.(MD) No.7882 of 2017 is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) sts To

1. The Sub Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

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

Order made in Crl.O.P.(MD) No.11471 of 2017 Dated: 21.11.2019 JMN(11.12.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2