P.Manikandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5523 of 2024 and Crl.M.P.No.4034 of 2024 1.P.Manikandan 2.A.Srinivasan 3.P.Balaji 4.Nanthakumar 5.A.Elumalai 6.M.Arunkumar 7.P.Muthu 8.P.Selvam 9.M.Poovarasu 10.J.Arul 11.B.Ramesh ... Petitioners Vs.

1.State Rep. by: The Inspector of Police, Thirupalaivanam Police Station, Thiruvallur District.

(Crime No.118 of 2022) 2.N.Balasundaram ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records culminating Crime No.118 of 2022, pending on the file of the Thirupalaivanam Police Station, Tiruvallur District quash the same.

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For Petitioner : Mr.B.M.Subash For Respondent : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records of the proceedings in Crime No.118 of 2022 on the file of the 1st respondent and quash the same. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1st respondent. 3.The learned Additional Public Prosecutor submitted that that there is a case and counter in Crime No.117 of 2022 and Crime No.118 of 2022. 4.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. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police.

5. In the facts and circumstances of the case, this Court is not inclined to 2/4

interfere with the investigation conducted by the respondent Police at this stage.

6. 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 in Crime No.117 of 2022 and the counter case in Crime No.118 of 2022 and complete the investigation and file a final report or a closure report, as the case may be, within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 07.03.2024 Index: Yes/No Internet: Yes/No ssr To 1.The Inspector of Police, Thirupalaivanam Police Station, Thiruvallur District.

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

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N.ANAND VENKATESH,J.

ssr Crl.O.P.No.5523 of 2024 and Crl.M.P.No.4034 of 2024 07.03.2024 4/4