Madras High CourtCRL OP(MD)/7014/2017dismissed

C.Chandra Sankarapandiyan v. The Sub-Inspector Of Police

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

Crl.O.P.(MD) No.7014 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.7014 of 2017 and Crl.M.P.(MD) No.4756 of 2017 1.V.Chandra Sekarapandiyan 2.Jeganatha Pandiyan .. Petitioners/Accused Nos.1 & 2 .Vs.

1. State represented through the Sub Inspector of Police, Uthappanaickanur Police Station, (Crime No.4/2016) .. Respondent/ Complainant

2. Thasaratha Pandian .. Respondent/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue an order of quash the impugned FIR in Crime No.4 of 2016 on the file of the first respondent herein attached to Uthappanayakkanur Police Station. For Petitioners : Mr.N.S.Ponnaiah For R 1 : Mr.K.Suyumbulinga Bharathi Government Advocate (Crl. Side) For R2 : Mr.S.Balaji

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 Government Advocate (Crl. Side) 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 jurisdiction under Section 482 of Cr.P.C. Any finding on facts will also have a bearing on the investigation conducted by the respondent https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD) No.7014 of 2017 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(CS-I) // True Copy // Sub Assistant Registrar(CS) TM To 1.The Sub Inspector of Police, Uthappanaickanur Police Station.

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

+1CC TO MR.S.BALAJI, Advocate Sr. No. 94808 Order made in Crl.O.P.(MD) No.7014 of 2017 Dated:

25.10.2019 KG(CO) TR(19.11.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/