Dismissed

R.E.Balasubramanian v. the Inspector of Police

Madras HC26 Jul 2023CRL OP/575/2023

Case brief

AI extract

What is this about?

This order dismisses a criminal original petition seeking quashing of a criminal complaint. The Hon'ble Court held that the petitioners' contentions were factual and fell outside the scope of Section 482 Cr.P.C., directing the Police to proceed with the investigation.

What did the court decide?

Criminal Original Petition dismissed; directive to Police to complete investigation within two months; connected miscellaneous petition closed.

R.E.Balasubramanian Vs the Inspector of Police — Quashing and FIR | Madras HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 26.07.2023

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CORAM

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THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

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Crl.O.P.No.575 of 2023

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and

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Crl.M.P.No.315 of 2023

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R.E.Balasubramanian .. Petitioner

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Vs.

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State rep by its The Inspector of Police, Central Crime Branch, EDF I, Team II, Vepery, Chennai – 600 007. ( Cr.No.230/2022)

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Mr.Billy Graham ... Respondents

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Prayer: Criminal Original Petition is filed under Section 482 of Criminal

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Procedure Code, to call for the records relating to the case in Cr.No.230 of 2022 on the file of the 1^st respondent herein and quash the same as

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illegal, abuse of Process of law.

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https://www.mhc.tn.gov.in/judis

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For Petitioner : Mr.Labdul Basith

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For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

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O R D E R

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This petition has been filed to call for the records

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in Cr.No.230 of 2022 on the file of the 1^st respondent quash the same.

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Heard the learned counsel for the petitioners and the

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learned Additional Public Prosecutor.

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3.The contentions put forward by the learned counsel

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appearing on behalf of the petitioners are purely factual in nature and this Court cannot venture into conducting a mini investigation into the

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matter and it therefore does not fall within the ambit of its jurisdiction

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under Section 482 of Cr.P.C. Any finding on facts will also have a bearing

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on the investigation conducted by the respondent Police.

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https://www.mhc.tn.gov.in/judis

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In the facts and circumstances of the case, this Court is not

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inclined to interfere with the investigation conducted by the respondent

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Police at this stage.

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In the result, this Criminal Original Petition is dismissed

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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

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of two months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

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26.07.2023

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Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka

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The Inspector of Police, Central Crime Branch, EDF I, Team II, Vepery, Chennai – 600 007.

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https://www.mhc.tn.gov.in/judis

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2.The Public Prosecutor, High Court, Madras.

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N. ANAND VENKATESH,J

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rka

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Crl.O.P.No.575 of 2023 and Crl.M.P.No.315 of 2023

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https://www.mhc.tn.gov.in/judis

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26.07.2023

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https://www.mhc.tn.gov.in/judis

R.E.Balasubramanian v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

R.E.Balasubramanian v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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