Madras High CourtCRL OP(MD)/13883/2017dismissed

Asaithambi v. The Inspector Of Police

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

Crl.O.P.(MD) No.13883 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.13883 of 2017 Asaithambi ... Petitioner/ Accused 8 Vs.

1) The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

(Crime No.711/2017) ... 1st Respondent/ Complainant

2) Baskar ... 2nd Respondent/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the First information Report in Crime No.711/2017 on the file of the first respondent herein and quash the same insofar as the petitioner/A8 is concerned.

For Petitioner : Mr.P.Sengutta Arasan 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.711/2017 on the file of the first respondent.

2. Heard the learned counsel for the petitioner and 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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13883 of 2017 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.

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

1. The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

(Crime No.711/2017)

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

Crl.O.P.(MD) No.13883 of 2017 Dated:

29.11.2019 KK/SAR/03.01.2020/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2