Madras High CourtCRL OP(MD)/15939/2017allowed

M.Balamurugan, v. The Inspector Of Police,

2019-10-25Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.(MD) No.15939 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.15939 of 2017 and Crl.M.P.(MD) Nos.10575 of 2017 & 7890 of 2019 M.Balamurugan ... Petitioner/ Accused .Vs.

1.The Inspector of Police, Melur Police Station, Madurai.

(Crime No.599 of 2017) ... R-1/ Complainant

2) Chinnamani ... R-2/ 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 case in Crime No.599 of 2017, on the file of the first respondent herein and quash the same.

For Petitioner : Mr.C.Jegannathan For M/s.Veera Associates For R 1 : Mr.S.Chandrasekar, Additional Public Prosecutor.

For R2 : Mr.K.R.Singaravadivel ******

O R D E R

This Criminal Original Petition has been filed seeking to quash the F.I.R. registered by the respondent Police and which is pending investigation.

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

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

Crl.O.P.(MD) No.15939 of 2017 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 three(3) months from the date of receipt of a copy of the order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) sts To The Inspector of Police, Melur Police Station, Madurai.

Copy to: The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.R.SINGARAVADIVEL, Advocate SR-94807. +1 CC to M/s.VEERA ASSOCIATES, Advocate SR-95044. Order made in Crl.O.P.(MD) No.15939 of 2017 Dated:

25.10.2019 CS(13.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2