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Madras High CourtCRL OP(MD)/13399/2017dismissed

Santhanaraj v. The Inspector Of Police

2019-11-29Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.(MD) No.13399 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.13399 of 2017 and Crl.M.P.(MD) No.9024 of 2017 Santhanaraj ... Petitioners/Accused No.2 Vs.

1) State rep. by The Inspector of Police, District Crime Branch, Thoothukudi District.

(Crime No.15/2017) ... Respondent/ Complainant

2) A.V.M.Mani ... Respondent/ 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 the case in Crime No.15 of 2017 on the file of the Inspector of Police, District Crime Branch, Thoothukudi District and quash the same.

For Petitioner : Mr.R.Anand For R-1 : Mr.M.Chandrasekaran, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.15 of 2017 on the file of the Inspector of Police, District Crime Branch, Thoothukudi District.

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

3. The contentions put forward by the learned counsel appearing on behalf of the petitioner are purely factual in nature https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13399 of 2017 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 four weeks from the date of receipt of a copy of the order. Consequently, connected Crl.M.P. (MD) No.9024 of 2017 is closed.

Sd/- Assistant Registrar (AD I) // True Copy // / /2020 Sub Assistant Registrar(CS) sts To

1. The Inspector of Police, District Crime Branch, Thoothukudi District.

(Crime No.15/2017)

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

+1 CC to MR.R.ANAND, Advocate ( SR-103071[F] dated 02/12/2019 ) Order made in Crl.O.P.(MD) No.13399 of 2017 Dated:

29.11.2019 KM/(09.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2