Aswathi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.No.3196 of 2024 Aswathi ... Petitioner Vs.

1.The Inspector of Police, District Crime Branch, Erode, Erode District.

(Crime No.13 of 2023) 2.Kanaga Raj ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records relating to the case in Crime No.13 of 2023 pending investigation on the file of the first respondent and quash the same. For Petitioner : Mr.G.Mohana Krishnan For Respondents : Mr.A.Damodaran for R1 Additional Public Prosecutor Mr.Abudukumar Rajarathinam for R2 Senior Counsel for M/s.M.Guruprasad 1/4

O R D E R

This petition has been filed to call for the records in Crime No.13 of 2023 on the file of the first respondent and quash the same. 2.Heard the learned counsel appearing on behalf of the petitioner, the learned Additional Public Prosecutor appearing on behalf of the first respondent and the learned Senior Counsel appearing on behalf of the second respondent. 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 2/4

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 six months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. 23.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police, District Crime Branch, Erode, Erode District.

(Crime No.13 of 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.3196 of 2024 23.02.2024 4/4