Madras High CourtCRL OP/4056/2022disposed of

B.Amarnath v. State Rep By

2023-07-10Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.1996 of 2022 1.B.Amarnath 2.K.Karthikeyan 3.K.Sarathkumar ... Petitioners Vs.

1.The State Rep. By The Inspector of Police, Walajabad Police Station, Kancheepuram District.

(Crime No.928 of 2021) 2.Gopal ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in connection with the FIR in Crime No.928 of 2021, pending investigation on the file of the Inspector of Police, Walajabad Police Station, Kanchipuram, and quash the same.

For Petitioners : Mr.R.Palaniandavan For R1 : Mr.A.Gopinath Government Advocate (Criminal Side)

ORDER

This petition has been filed to call for the records in Crime No.928 of 2021, pending investigation on the file of the Inspector of Police, Walajabad Police Station, Kanchipuram, and quash the same.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for 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. The learned Government Advocate (Crl.Side) submitted that investigation has been completed and final report is ready to be filed. The case dairy was also handed over to this Court and it is seen that all the materials have been collected and the case is now at the stage of filing final report.

5. In view of the same, this Court is not inclined to interfere with the FIR at this stage. If after filing of the final report, the petitioners are aggrieved, it is always left open to the petitioners to work out their remedy in the manner known to law.

6. In the result, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 10.07.2023 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No mpa To 1.The Inspector of Police, Walajabad Police Station, Kancheepuram District.

2.The Public Prosecutor, Madras High Court, Chennai.

N.ANAND VENKATESH,J.

mpa and Crl.M.P.No.1996 of 2022

10.07.2023