Madras High CourtCRL OP/3828/2024dismissed

V.A.Ashok Kumar v. Inspector Of Police

2024-02-20Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH & Crl.M.P.No.2820 of 2024 V.A.Ashok Kumar S/o.Ashwath Ramaiya ... Petitioner Vs.

1. State represented by Inspector of Police, CBCID Metro, Chennai.

(Crime No.1 of 2022) 2.Subramanian S/o.Santhanam ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to Crime No.1 of 2022 dated 12.04.2022 on the file of the first respondent herein and quash the same insofar as the petitioner is concerned. For Petitioner : Mr.V.Illanchezian For Respondents : Mr.A.Gopinath Government Advocate (Crl.side) [R1] ***** 1/4

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.1 of 2022 on the file of first respondent and quash the same.

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

3. The contentions put forth 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. 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.

In the result, this Criminal Original Petition is dismissed and the respondent Police is directed to proceed further with the investigation in 2/4

accordance with law and complete the investigation and file a final report or a closure report, as the case may be, as expeditiously as possible. Consequently, connected miscellaneous petition is closed. 20.02.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Inspector of Police, CBCID Metro, Chennai.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J gm 3/4

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