Dismissed

Xavier v. The Inspector of Police

Madras HC11 Dec 2024CRL OP(MD)/18086/2022

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR registered by the CCB, Trichy, raising factual contentions. The court held it cannot conduct a mini investigation under Section 482 Cr.P.C., relying on Neeharika Infrastructure, and dismissed the petition, directing the police to complete investigation and file a final or closure report within six months.

What did the court decide?

None granted to petitioner; police directed to complete investigation and file a final report or closure report within six months.

Xavier Vs The Inspector of Police — Quashing and FIR | Madras HC (2024)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Crl.O.P(MD)No.18086 of 2022 and Crl.M.P(MD)No.12070 of 2022

Xavier

... Petitioner

The Inspector of Police, City Crime Branch (CCB), Trichy, Crime No. 29/2021.

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Krishnamoorthi

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... Respondents

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PRAYER: Criminal Original petitions have been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, to call for the records pertaining to FIR in Crime No. 29/2021 on the file of the 1st respondent police and quash the same with regard to the petitioner and pass such other and further orders

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For Petitioner : Mr.Murugan R,

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For R1 : Mr.A.Albert James Government Advocate (Crl.Side) For R2 : Mr.N.S.Karthikeyan

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

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O R D E R

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This petition has been filed to call for the records in Crime No.29 of 2021 on the file of the Inspector of Police, City Crime Branch (CCB), Trichy and quash the same.

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

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3.The contentions put forward by the learned counsel appearing

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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.

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

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

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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

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

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11.12.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR

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The Inspector of Police, City Crime Branch (CCB), Trichy.

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

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

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N.ANAND VENKATESH, J.

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Crl.O.P(MD)No.18086 of 2022

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11.12.2024

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

Xavier v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Xavier v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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