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Madras High CourtCRL OP(MD)/13048/2017dismissed

R. Muthuraja, v. The Sub Inspector Of Police,

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

Crl.O.P.[MD].No.13048 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.13048 of 2017 and Crl.M.P.[MD]No.8850 of 2017 R.Muthuraja : Petitioner/A5 Vs.

1.The State Rep. by The Sub-Inspector of Police, Tirumangalam City Police Station, Madurai District.

(Crime No.193 of 2016) : 1st Respondent / Complainant 2.Selvi : 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the case in Crime No.193 of 2016, on the file of the first respondent and quash all further proceedings as against the petitioner.

For Petitioner : Mr.V.Kishokkumar For R-1 : Mr.K.Dineshbabu Additional Public Prosecutor For R-2 : Mr.R.Gowrishankar

ORDER

The Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.193 of 2016, pending investigation on the file of the first respondent police. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the first respondent.

3.The contentions put forward by the learned counsel appearing on behalf of the petitioner is 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, the Criminal Original Petition is dismissed https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.13048 of 2017 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 the order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) sji To 1.The Sub-Inspector of Police, Tirumangalam City Police Station, Madurai District.

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

Crl.O.P.[MD].No.13048 of 2017 21.11.2019 SMA/11/12/19/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2