Madras High CourtCRL OP/4044/2021disposed of

B.Sirajdeen v. State Rep.By

2021-03-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.4044 of 2021 and Crl.M.P.No.2493 of 2021

1. B.Sirajdeen

2. Pareveen ... Petitioners/Accused Vs.

1.State Represented by, The Inspector of Police, Erode Taluk Police Station, Erode.

(Crime No.925 of 2020) ...Respondent/Complainant 2.S.Dharmaraj ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.925 of 2020 pending on the file of the 1st Respondent i.e Erode Taluk Police Station and quash the same. For Petitioners : Mr.S.Mohan For Respondents : Mr.C.Raghavan Government Advocate for R1

O R D E R

This petition has been filed to call for the records in Crime No.925 of 2020 pending on the file of the 1st Respondent i.e Erode Taluk Police Station and quash the same.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side). 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. https://hcservices.ecourts.gov.in/hcservices/

4.This is a matter which involves a case and counter where the FIR has been registered in Crime Nos.923 and 925 of 2020. It has to be investigated by the 1st respondent police in order to find out the real aggressor and a final report has to be filed.

5. 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.

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 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 petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr To 1.The Inspector of Police, Erode Taluk Police Station, Erode.

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

Crl.O.P.No.4044 of 2021 and Crl.M.P.No.2493 of 2021 sky[co] srg 31/03/2021 https://hcservices.ecourts.gov.in/hcservices/