Madras High CourtCRL OP/13183/2023dismissed

Prakash Kumar v. State Rep.By

2023-07-06Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.13183 of 2023 in Crl MP No.7994 of 2023 Prakash Kumar ..Petitioner/Accused No.2 vs.

1. State rep. by The Inspector of Police, CID Police Station, Puducherry ...1st Respondent / Complainant

2. V.Suresh ... 2nd Respondent/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.1 of 2021 dated 19.01.2021 on the file of the 1st respondent police Inspector of Police, CID Police Station, Pondicherry.

For Petitioner : Mr.B.Balavijayan For Respondent : Mr.K.S.Mohandass Public Prosecutor (Puducherry) for 1st respondent.

ORDER

This petition has been filed to call for the records in Crime

No.1 of 2021 on the file of the Inspector of Police, CID Police Station, Pondicherry and quash the same.

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

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. 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 six months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. 06.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To

1. State rep. by The Inspector of Police, CID Police Station, Puducherry

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

N. ANAND VENKATESH, . J.

rka Crl.OP No.13183 of 2023

06.07.2023