The petitioner sought quashing of an FIR under Section 482 Cr.P.C., contending factual issues. The Court held it cannot conduct a mini investigation and dismissed the petition, directing police to proceed with the inquiry.
Criminal Original Petition dismissed; police directed to proceed with investigation and file final or closure report within eight weeks.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.2186 of 2022 and Crl.M.P No.971 of 2022
Bhaskar
Petitioner
vs.
1.The State rep. by The Inspector of Police, Hogenakkal Police Station, Dharmapuri District.
2.Venkatesan Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to FIR in CrimeNo.3711 of 2020 dated 17.12.2020 on the file of the 1st respondent and quash the same.
For Petitioners : Mr.P.Pandiyaraj
For Respondents : Mr.A.Gopinath Government Advocate (Criminal Side) for R1
ORDER
This petition has been filed to call for the records in Crime https://www.mhc.tn.gov.in/judis No.3711 of 2020 on the file of the 1st respondent and quash the same.
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the petitioner and Mr.A.Gopinath, learned Government Advocate (Criminal Side) appearing on behalf of the 1st respondent.
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.
inclined to interfere with the investigation conducted by the respondent Police at this stage.
closure report, as the case may be, within a period of eight weeks from the date https://www.mhc.tn.gov.in/judis
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of receipt of a copy of this order. Consequently, connected miscellaneous
petition is closed.
03.07.2023
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr
To
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N. ANAND VENKATESH,. J.
ssr
Crl.OP No.2186 of 2022 and Crl.M.P No.971 of 2022
03.07.2023
2 issues framed by the court
Whether the Court can intervene in an investigation that requires factual findings.
Whether the petition falls within the ambit of jurisdiction under Section 482 of Cr.P.C.
1 provisions across 1 enactments
Bhaskar
The State rep. by The Inspector of Police, Hogenakkal Police Station, Dharmapuri District
Venkatesan
N. Anand Venkesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
