Madras High CourtCRL OP(MD)/6845/2017dismissed

Sahul Hameed v. The Inspector Of Police

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

Crl.O.P.(MD) No.6845 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.6845 of 2017 and Crl.M.P.(MD) No.4584 of 2017 1.Sahul Hameed 2.Samsudeen 3.Asarudeen .. Petitioners/Accused Nos.1 to 3 .Vs.

1.The State rep. by The Inspector of Police, Pettai Police Station, Tirunelveli District.

(Crime No.341 of 2017) .. Respondent/Complainant 2.Fathima Beevi .. Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the First Information Report bearing Crime No.341 of 2017 on the file of the Inspector of Police, Pettai Police Station, Tirunelveli District and quash the same as illegal and devoid of merits.

For Petitioners : Mr.S.Palani Velayutham For R 1 : Mr.S.Chandra Sekar Additional Public Prosecutor For R2 : No Appearance

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.

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Crl.O.P.(MD) No.6845 of 2017

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 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 four(4) weeks from the date of receipt of a copy of the order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) TM To 1.The Inspector of Police, Pettai Police Station, Tirunelveli District.

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

Order made in Crl.O.P.(MD) No.6845 of 2017 Dated:

25.10.2019 TR(18.11.2019)2P 3C https://hcservices.ecourts.gov.in/hcservices/