Madras High CourtCRL OP/2614/2024dismissed

Santhosh Kumar v. State The Inspector Of Police

2024-02-09Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.2614 of 2024 and CRL.M.P No.1902 of 2024 Mr.Santhosh Kumar

...Petitioner

Vs.

1.State Rep. by The Inspector of Police, F2, SIPCOT Police Station, Thiruvallur District.

2.Mrs.Sarala

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the FIR in Crime No.352 of 2019 dated 03.12.2019 on the file of the Inspector of Police, SIPCOT Police Station, Thiruvallur District.

For Petitioners : Mr.M.P.Saravanan For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 1/4

ORDER

This petition has been filed to call for the records in Crime No.352 of 2019 on the file of the Inspector of Police, SIPCOT Police Station, Thiruvallur 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.

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

09.02.2024 Index: Yes/No Speaking order/Non-speaking Order ssr To 1.The Inspector of Police, F2, SIPCOT Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr CRL.O.P No.2614 of 2024 and CRL.M.P No.1902 of 2024 09.02.2024 4/4