R.Chelladurai, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD) No.3218 of 2017

1) R.Chelladurai

2) R.Thomas Ayyadurai

3) V.Renganathan

4) C.Arun Raj

5) R.C.Karthikeyan

6) C.Anbuselvi ... Petitioners/ Accused Nos. 1 to 6 Vs.

1.State rep.by its The Inspector of Police, District Crime Branch, Tirunelveli.

(Crime No.5 of 2017) ... Respondent/ Complainant

2. P.Murugan ... 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.5 of 2017, dated 24.03.2017 on the file of Respondent No.1 for offences under sections 406, 420 of IPC and quash the same as illegal. For Petitioners : Mr.T.Lajapathi Roy For R 1 : Mr.M.Chandrasekaran, Additional Public Prosecutor For R 2 : Mr.Veera Kathiravan, Senior Counsel For M/S.Veera Associates 1/3

O R D E R

This petition has been filed seeking to quash the First Information Report registered by the respondent Police and which is pending investigation.

2. Heard the learned counsel for the petitioners, learned Additional Public Prosecutor for the first respondent and the learned senior counsel appearing for the second respondent.

3. The contentions put forward by the learned counsel appearing on behalf of the petitioners 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 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 months from the date of receipt of copy of the order. Consequently, the connected Crl.M.P.(MD) No.3218 of 2017 is closed.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) sts To 1.The Inspector of Police, District Crime Branch, Tirunelveli.

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

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-89984[F] dated 27/09/2019 ) Order made in Dated: 26.09.2019 JMN(25.10.2019) 3P : 4C 3/3