Madras High CourtCRL OP/4136/2024dismissed

Parvathy v. Inspector Of Police

2024-03-01Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.4136 of 2024 and Crl.M.P.No.3066 of 2024 Parvathy ... Petitioner Vs.

1.State Rep: The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

2.Kesavan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pending on the file of the 1st respondent police namely the Inspector of Police, Chengalpattu Taluk Police station, Chengalpattu District in Crime No.428 of 2023 and quash the Criminal proceedings.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) for R1

O R D E R

This petition has been filed to call for the records in Crime No.428 of 2023 on the file of the 1t respondent police and quash the same. 1/4

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. 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.

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 2/4

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.

01.03.2024 Index: Yes/No Internet: Yes/No ssr To 1.The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

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

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N.ANAND VENKATESH,J.

ssr Crl.O.P.No.4136 of 2024 and Crl.M.P.No.3066 of 2024 01.03.2024 4/4