Madras High CourtCRL OP(MD)/3871/2017disposed of

Rm.Somasundaram, v. The Inspector Of Police,

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

Crl.O.P.(MD) No.3871 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.3871 of 2017 and Crl.M.P.(MD) No.2844 of 2017

1) Rm.Somasundaram

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

1. State, Rep. by Inspector of Police, D-1, Tallakulam (Crime) Police Station, Madurai City.

(Crime No.2818/2016) ... Respondent/ Complainant

2. Vijayalakshmi ... 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 FIR in Crime No.2818 of 2016 dated 28.12.2016 on the file of the Inspector of Police, D-1 Tallakulam (Crime ) Police Station, Madurai City and quash the same.

For Petitioners : Mr.D.Ramesh Kumar For R 1 : Mr.S.Chandrasekar, Additional Public Prosecutor.

For R2 : Mr.P.Arun Jayatram

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

Crl.O.P.(MD) No.3871 of 2017 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 three(3) months from the date of receipt of a copy of the order. Consequently, connected Crl.M.P.(MD) No.2844 of 2017 is closed.

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

1. The Inspector of Police, D-1, Tallakulam (Crime) Police Station, Madurai City.

(Crime No.2818/2016)

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

+1 CC to Mr.P.ARUN JAYATRAM, Advocate (SR-94934[F] dated 30/10/2019 ) Order made in Crl.O.P.(MD) No.3871 of 2017 Dated:25.10.2019 STS MK (12.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2