Madras High CourtCRL OP/1740/2021dismissed

Elumalai v. The State Rep.By

2021-02-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.OP.No.1740 of 2021 and Crl.MP.No.1012 of 2021

1. Elumalai, age 50 S/o. Duraisami Gounder

2. Sathishkumar, age 20 S/o. Elumalai.

3. Ashokumar, age 30 S/o. Annadurai

4. Anandharaj, age 35 S/o.Annadurai

5. Elumalai, age 40 S/o. Settu Gounder ... Petitioners Vs.

1.The State Represented by Sub Inspector of Police, Santhavasal Police Station, Polur Taluk, Tiruvannamalai District.

2.Pazhani S/o. Sampathu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertains to Crime No.2669 of 2020 pending on the file of 1st respondent police and to quash the same.

For Petitioners : Mr.R.Ramesh For R1 : Mr.C.Raghavan Government Advocate (Crl. Side) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This petition has been filed to call for the records in Crime No.2669 of 2020, on the file of the first respondent Police, viz.,The Sub-Inspector of Police, Santhavasal Police Station, Polur Taluk, Tiruvannamalai District and quash the same.

2. Heard the learned counsel appearing on behalf of the petitioners and the learned Government Advocate (Criminal Side) appearing on behalf of the first respondent.

3. The contentions put forward by the learned counsel appearing on behalf of the petitioners 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.

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 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 two months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rm To

1. The Sub Inspector of Police, Santhavasal Police Station, Polur Taluk, Tiruvannamalai District.

2. The Public Prosecutor, High Court, Madras.

GMI(CO) SM/02/03/2021 Crl.OP.No.1740 of 2021 https://hcservices.ecourts.gov.in/hcservices/