Madras High CourtCRL OP(MD)/14028/2017dismissed

Thahira Ammal, v. The Inspector Of Police,

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

Crl.O.P.(MD) No.14028 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.14028 of 2017 and Crl.M.P.(MD) No.9417 of 2017 Thahira Ammal ... Petitioner/Sole Accused Vs.

1) State Rep. by Inspector of Police, Sethubavachatram Police Station, Thanjavur District.

(Crime No.69/2015) ... Respondent/ Complainant

2) The Passport Officer, Government of India, Ministry of External Affairs, Passport Office, Tiruchirappalli.

... Respondent/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to F.I.R. in Crime No.69 of 2015 dated 06.05.2015 on the file of the Inspector of Police, Sethubavachatram Police Station, Thanjavur District and quash the same as against the petitioner. For Petitioner : Mr.S.Deenadhayalan 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.69 of 2015 dated 06.05.2015 on the file of the Inspector of Police, Sethubavachatram Police Station, Thanjavur District.

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 not inclined to interfere with the investigation conducted by the respondent Police at this stage.

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Crl.O.P.(MD) No.14028 of 2017

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.9417 of 2017 is closed.

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

1. The Inspector of Police, Sethubavachatram Police Station, Thanjavur District.

(Crime No.69/2015)

2. The Passport Officer,Govt of India., Ministry of External Affairs, Passport Office, Tiruchirappalli.

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

+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-103150[F] Order made in Crl.O.P.(MD) No.14028 of 2017 Dated:29.11.2019 SMA/07/01/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2