Crl.O.P. filed under Section 482 Cr.P.C. to quash an FIR was dismissed as the Court held it cannot conduct a mini-investigation. The investigation is directed to proceed for three months.
Petition dismissed; Respondent Police directed to proceed with investigation and file Final/Closure Report within three months; Connected M.P. closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.17230 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.17230 of 2023 and Crl.M.P.No.11124 of 2023
Suresh Kumar
.. Petitioner
Versus
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the F.I.R registered in Crime No.16 of 2019 against the petitioners pending on the file of the first respondent Police.
For Petitioner : Mr.Suresh Kumar, Party-in-person
For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1
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Crl.O.P.No.17230 of 2023
ORDER
This Criminal Original Petition has been filed to call for the records
and quash the FIR registered in Crime No.16 of 2019 against the petitioner
pending on the file of the first respondent Police.
learned Additional Public Prosecutor for the first respondent and also perused the materials available on record.
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.
to interfere with the investigation conducted by the respondent Police at this stage.
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Crl.O.P.No.17230 of 2023
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.
04.08.2023
Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs
To
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Crl.O.P.No.17230 of 2023
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.17230 of 2023 and Crl.M.P.No.11124 of 2023
04.08.2023
4/4
1 issue framed by the court
Whether the High Court can intervene in the investigation at this stage under Section 482 Cr.P.C.
1 provisions across 1 enactments
Suresh Kumar
The Sub Inspector of Police, The City Crime Branch, Tiruppur City
M Murugan
N ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
