Madras High CourtCRL OP(MD)/20968/2023disposed of

Abinavkumar @ S.Abdinav Kumar Singh v. The Sub Inspector Of Police

2025-01-03Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.20968 of 2023 and Crl.M.P(MD)No.16424 of 2023 Abinav Kumar @ S.Abdinav Kumar Singh ... Petitioner Vs

1. The State represented by The Sub Inspector of Police, Thiruthangal Police Station, Viruthunagar District.

Crime No. 250/2022

2. Kavitha ... Respondents PRAYER: Criminal Original petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the First Information report in Crime No. 250/2022 dated 03.09.2023 on the file of the Sub Inspector of Police, Thiruthangal Police station, Virudhunagar District for alleged offences under section 509 of IPC and Section 67 of Information Technology Act 2008.

For Petitioner : Mr.M.Beema Rao For R1 : Mr.A.Albert James, Government Advocate (Crl.Side)

O R D E R

This petition has been filed to call for the records in Crime No. 250 of 2022 on the file of the first respondent and quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side).

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. This Court must also bear in mind the parameters laid down by the Apex Court in Neeharika Infrastructure Pvt.Ltd., case reported in 2021 SCC Online SC 315. 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 a copy of this order. Consequently, connected miscellaneous petition is closed.

03.01.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The Sub Inspector of Police, Thiruthangal Police Station, Viruthunagar District.

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

N.ANAND VENKATESH, J.

LR Crl.O.P(MD)No.20968 of 2023 03.01.2025