Madras High CourtCRL OP/4614/2024dismissed

S.Kumar v. The State Rep. By

2024-02-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.3377 of 2024 1.S.Kumar 2.K.Sivakumar 3.G.Hariharan 4.S.James @ Joseph Augustin 5.R.Lingaselvan ... Petitioners Vs.

1.State by The Inspector of Police, T-12, Selaiyur Police Station, Selaiyur, Chennai 600 073.

2.Illayaraja

...Respondents

Prayer:

Criminal Original Petition under Section 482 of the Criminal Procedure Code to call for the entire records pertaining to Cr.No.688 of 2023 pending before the 1st respondent Police and quash the same. For Petitioner :

Ms.Preethi Baskar For RR1 :

Mr.A.Gopinath Government Advocate (Crl.Side) 1/4

ORDER

This petition has been filed to call for the records in Crime No.688 of 2023 on the file of the 1st respondent Police and quash the same.

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

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. 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.

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

29.02.2024 sk Index : Yes/No Speaking order:Yes/No To 1.The Inspector of Police, T-12, Selaiyur Police Station, Selaiyur, Chennai 600 073.

2.The Public Prosecutor, High Court, Chennai.

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N.ANAND VENKATESH,J sk 29.02.2024 4/4