Senthilvel Alias Senthil Kumar v. The Inspector Of Police

Crl.O.P.(MD)No.8532 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2019

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.8532 of 2017 and Crl.M.P.(MD).No.5752 of 2017 Senthilvel @ Senthil Kumar ...

Petitioner/13th Accused Vs.

1.The State of Tamil Nadu represented by the Inspector of Police, District Crime Branch, Thoothukudi.

..1st Respondent/Complainant 2.Muthusamy ...2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the case in Cr.No.36 of 2016 on the file of the first respondent, dated 08.06.2016 and quash the same.

For Petitioner : Mr.R.Balakrishnan For R1 : Mr.S.Chandrasekaran Additional Public Prosecutor For R2 : Mr.Ka.Ramakrishnan ****

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 petitioner 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 petitioner 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.

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Crl.O.P.(MD)No.8532 of 2017

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 a copy of the order. Consequently, connected Crl.M.P. (MD) No.5752 of 2017 is closed.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) cmr To The Inspector of Police, District Crime Branch, Thoothukudi.

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

+1 CC to M/s.KA. RAAMAKRISHNAN, Advocate ( SR-97653[F] dated 12/11/2019 ) Crl.O.P.(MD)No.8532 of 2017 08.11.2019 KM/(28.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2