C.Senthil Kumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2067 of 2024 and Crl.MP.No.1462 of 2024 1.C.Senthil Kumar 2.Umer Shabir ... Petitioners Vs.

1.The State represented by, Inspector of Police, Avadi City CCD-1 Police Station.

2.Jai Balaji ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in connection with FIR No.82 of 2023 dated 21.08.2023 on the file of the 1st respondent Police and quash the same.

For Petitioner : Mr.K.Suresh Babu For RR1 : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records in FIR in Crime No.82/2023 dated 21.08.2023 pending investigation on the file of the 1st Respondent police and quash the same.

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2. Heard the learned counsel for the Petitioners and the learned Additional Public Prosecutor .

3. Considering the nature of allegation that has been made in the complaint to the effect that the accused persons have stolen the data from the complainant and they are using it / will use it for their own purpose by creating a new Company, is the subject matter of investigation and 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 disposed of 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.

07.02.2024 Speaking Order/Non-speaking Order Index :Yes/No sk To 1.Inspector of Police, Thudialur Police Station, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J.

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