Bose v. The Inspector Of Police

CRL.O.P.(MD)No.7708 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.7708 of 2017 and Crl.M.P.(MD)Nos.5264 and 6569 of 2017 1.Bose 2.Ochathevar 3.Pothumani 4.V.Ananthi 5.O.Murugaraj 6.N.Valli ... Petitioners/Accused No.1 to 6 Vs State rep by its:- 1.The Inspector of Police, All Women Police Station, Andipatti, Theni District.

(Crime No.9/2017) ... 1st Respondent/Respondent 2.Muthusaram ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records and quash the proceedings of the FIR in Crime No.9 of 2017, dated 27.05.2017 on the file of the 1st respondent.

For Petitioners : Mr.R.Maheswaran For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R2 : Mr.M.Subash Babu

O R D E R

This petition has been filed seeking to quash the FIR in Crime No.9 of 2017 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).

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.

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CRL.O.P.(MD)No.7708 of 2017

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 miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Inspector of Police, All Women Police Station, Andipatti, Theni District.

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

+1 CC to Mr.M.SUBASH BABU, Advocate ( SR-95040[F] dated 31/10/2019 ) +1 CC to Mr.R.MAHESWARAN, Advocate ( SR-95319[F] dated 31/10/2019 ) CRL.O.P.(MD)No.7708 of 2017 and Crl.M.P.(MD)Nos.5264 and 6569 of 2017 25.10.2019 RMI MK (15.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2