Madras High CourtCRL OP/5804/2018disposed of

P.Sivaraj, Aged 57 Years, v. The State Rep. By

2021-07-13Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.5804 of 2018 and Crl.M.P.No.2934 of 2018

1. P.Sivaraj .. Petitioner Vs.

1. The State Rep by Sub-Inspector of Police, Gudimangalam Police STation, Tiruppur District.

2. Balasubramanian .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the FIR in Crime No.272 of 2017 on the file of 1st respondent and quash the FIR in Crime No.272 of 2017 as against the petitioner herein.

For Petitioner : Mr.M.Sivavarthanan For RR1 : Mr.A.Gopinath Government Advocate(Crl.Side) For RR2 : Mr.R.Bharat Kumar

O R D E R

The petitioner has filed this petition seeking to call for the records in Crime No.281 of 2016 on the file of the respondent police, and quash the same

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Investigating Officer and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the 1st respondent Police.

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3.It is now represented by the learned counsel appearing for the petitioner that without going into the merits of the case, it would suffice, if this Court issues direction to the law enforcing agency to expedite the investigation and complete the same as early as possible.

4.In view of the above, this Court directs the 1st respondent Police, to expedite the investigation in C.r.No.272 of 2016 and complete the same, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar Sk To

1. The Sub-Inspector of Police, Gudimangalam Police STation, Tiruppur District.

2.The Public Prosecutor, Madras High Court.

+1cc to Mr.M.Sivavarthanan, Advocate, S.R.No. 32795 Crl.O.P.No.5804 of 2018 and Crl.M.P.No.2934 of 2018 RK(CO) GN(04/08/2021) https://hcservices.ecourts.gov.in/hcservices/