B.Thaiyalnayagi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.7163 of 2024 and Crl MP No.5213 of 2024 B.Thaiyalnayagi Petitioner vs.

1. State rep. by The Inspector of Police, Chidambaram Town Police Station, Cuddalore.

2. Muniyandi Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.633 of 2021 on the file of Chidambaram Town Police, Cuddalore, as against the petitioner. For Petitioners : Mr.I.Kowser Nissar For R1 : Mr.A.Damodaran Additional public Prosecutor.

ORDER

This petition has been filed to call for the records in Crime No.633 of 2021 on the file of Chidambaram Town Police, Cuddalore and quash the same.

2. Heard the learned counsel for the petitioner and the learned

Additional Public prosecutor for 1st 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. 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.

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. 26.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka

To

1. State rep. by The Inspector of Police, Chidambaram Town Police Station, Cuddalore.

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

N. ANAND VENKATESH, . J.

rka Crl.O.P No.7163 of 2024 and Crl MP No.5213 of 2024 26.03.2024