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Madras High CourtCRL OP(MD)/13864/2017dismissed

Ashok Kumar, v. The Inspectoro F Police,

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

Crl.O.P.(MD) No.13864 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.13864 of 2017 and Crl.M.P.(MD) No.9306 of 2017

1) Ashok Kumar

2) Valambal ... Petitioners/Accused Nos.1 & 2 Vs.

1) State rep. by The Inspector of Police, Session Court Police Station, Trichy, (Crime No.555 of 2017) ...R-1/ Complainant

2) A.Mohammed Athusin ... R-2/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime no.555 of 2017 on the file of the 1st respondent and quash the same as against these petitioners.

For Petitioners : Mr.N.Karthik Kanna For R-1 : Mr.M.Chandrasekaran, Additional Public Prosecutor For R-2 : Mr.V.Ganesh

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.555 of 2017 on the file of the first respondent.

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

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13864 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 four(4) weeks from the date of receipt of a copy of the order. Consequently, connected Crl.M.P.(MD) No.9306 of 2017 is closed.

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

1. The Inspector of Police, Session Court Police Station, Trichy,

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

Order made in Crl.O.P.(MD) No.13864 of 2017 Dated:

29.11.2019 kg(CO) TR(03.01.2020)2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2