Madras High CourtCRL OP/5012/2021disposed of

Manikandan v. The State Rep.By

2021-03-15Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5012 of 2021 and Crl.M.P Nos.3196 & 3198 of 2021 Manikandan S/o.Parthasarathy ..Petitioners/Accused No.4 vs.

1. The State Represented by The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.

..1st Respondent

2. Yuvaraj ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the FIR No.426 of 2018 pending on the file of the 1st respondent police and quash the same by allowing the criminal original petition.

For Petitioner : Mr.M.Ganesh Babu For R1 : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

ORDER

This petition has been filed to call for the records relating to the FIR No.426 of 2018 pending on the file of the 1st respondent police and quash the same by allowing the criminal original petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the first respondent. 3.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.

4. In the facts and circumstances of the case, this https://hcservices.ecourts.gov.in/hcservices/

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 two months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.

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

+1cc to Mr.M.Ganesh Babu, Advocate SR.NO..16575 AKM/15.04.21/2P-4C/ Crl.O.P No.5012 of 2021 and Crl.M.P Nos.3196 & 3198 of 2021 15.03.2021 https://hcservices.ecourts.gov.in/hcservices/