Madras High CourtCRL OP/4674/2021disposed of

Ganesh v. State Rep By

2021-03-12Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4674 of 2021 and Crl.MP No.2990 of 2021 1.Ganesh 2.H.Malathy .. Petitioners/Accused Vs.

1.The Assistant Commissioner of Police, Tharamani Range, Tharamani, Chennai - 600 113.

2.The Sub-Inspector of Police, J-6, Thiruvanmiyur Police Station, Thiruvanmiyur, Chennai - 600 041.

3.Dhanalakshmi .. Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to Crime No.817 of 2019 on the file of the Sub Inspector of Police, J-6, Thiruvanmiyur Police Station, Thiruvanmiyur, the 2nd respondent herein and quash the same. For Petitioners : Mr.A.R.Suresh For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to call for the records in Crime No.817 of 2019 on the file of the Sub Inspector of Police, J-6, Thiruvanmiyur Police Station, Thiruvanmiyur, 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 petition is closed.

Sd/- Assistant Registrar (CS VII) /TRUE COPY/ Sub-Assistant Registrar rka To 1.The Assistant Commissioner of Police, Tharamani Range, Tharamani, Chennai - 600 113.

2.The Sub-Inspector of Police, J-6, Thiruvanmiyur Police Station, Thiruvanmiyur, Chennai - 600 041.

3. The Public Prosecutor, High Court, Madras.

+1CC TO MR.AR.SURESH, ADVOCATE, SR.NO. 15991 Crl.O.P No.4674 of 2021 PCH(CO) KKN 27.04.2021 https://hcservices.ecourts.gov.in/hcservices/