K.R.Kamalakar v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.1291 of 2021 and Crl. MP No.776 of 2021 K.R.Kamalakar ... Petitioner vs.

1. State rep by its The Inspector of Police, Walajapet Police Station, Vellore District.

Crime No.881 of 2020 ...1st Respondent/Complainant

2. S.Kesavamoorthy ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR in Crime No.881 of 2020 on the file of the first respondent Police Station and quash the same in so far as the petitioner is concerned.

For Petitioner : Mr.L.G.Sahadevan For Respondents: Mr.C.Raghavan Government Advocate (crl. Side) for R1

ORDER

This petition has been filed to call for the records in Crime No.881 of 2020 on the file of the Inspector of Police, Walajapet Police Station, Vellore District and quash the same.

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

3.The contentions put forward by the learned counsel appearing on behalf of the petitioner is purely factual in nature and this Court cannot venture into conducting a mini investigation into the matter and it therefore does not fall https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jv To

1. The Inspector of Police, (L & O) V-3, JJ Nagar Police Station, Chennai.

(Crime No.904/2020)

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to M/s.A.Ilaya Perumal, Advocate Sr.4714. Crl.O.P No.1291 of 2021 and Crl. MP No.776 of 2021 vsn II[co] srg 16/02/2021 https://hcservices.ecourts.gov.in/hcservices/