Dismissed

G.Somu v. State Rep by

Madras HC15 Mar 2021CRL OP/5002/2021

Case brief

AI extract

What is this about?

In this Criminal Original Petition filed under Section 482 Cr.P.C., the Court dismissed the petition to quash an FIR triggered by factual contentions it deemed unsuitable for judicial intervention, directing the police to complete the investigation and file a final report within six weeks.

What did the court decide?

Police directed to proceed with investigation and file a final report or closure report within six weeks.

G.Somu Vs State Rep by — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.03.2021

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Crl.O.P No.5002 of 2021

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1.G.Somu 2.Govindaraj .. Petitioners

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Vs. 1.State Rep by The Inspector of Police, Omalur Police Station, Salem District. 2.Chinnaponnu .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the First Information Report in Crime No.1104 of 2020 under sections 294(b), 323 and 324 of the IPC dated 05.09.2020 pending on the file of the first respondent police station.

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This petition has been filed to call for the records in Crime No.1104 of 2020 on the file of the Inspector of Police, Omalur Police Station, Salem District and quash the same.

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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

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https://hcservices.ecourts.gov.in/hcservices/

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investigation conducted by the respondent Police. It is also seen from records that the respondent police is investigating the case and counter in Crime Nos.1104 and 1105 of 2020.

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In view of the above, both the cases will have to be investigated by the respondent police, in order to find out the real aggressor and a final report will be filed before the concerned Court. 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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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 six weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rka
To
1.The Inspector of Police,
Omalur Police Station,
Salem District.
2. The Public Prosecutor,
High Court, Madras.

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Crl.O.P No.5002 of 2021

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GMI(CO) CB(19/04/2021)

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https://hcservices.ecourts.gov.in/hcservices/

G.Somu v. State Rep by

Case brief

What is this about?

What did the court decide?

G.Somu v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

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