Madras High CourtCRL OP/1238/2024dismissed

Syed Anees v. The State Rep By

2024-01-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.No.902 of 2024 Syed Anees ... Petitioner Vs.

The State of Tamil Nadu Represented by itsInspector of Police Tambaram PEW, Tambaram City, Chengalpattu District - 600 045.

[Crime No.: 244/2023] ... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for records in Crime No.244 of 2023 pending on the file of the Inspector of Police, Tambaram PEW, Tambaram City and quash the same. For Petitioner : M/s.Kably Taiyab Kahn For Respondent : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records in Crime No. 244 of 2023 on the file of the Inspector of Police, Tambaram PEW, 1/4

Tambaram City, Chengalpattu District and quash the same. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

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.

5.In the result, this criminal original petition is dismissed and the respondent Police is directed to proceed further with the investigation 2/4

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 four weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. 29.01.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police Tambaram PEW, Tambaram City, Chengalpattu District - 600 045.

[Crime No.: 244/2023] 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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N.ANAND VENKATESH,J.

pri And Crl.M.P.No.902 of 2024 29.01.2024 4/4