Madras High CourtCRL OP/6832/2021disposed of

Appu @ Mohanraj v. The State Rep.By

2021-04-09Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2021

CORAM

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P No.6832 of 2021 and Crl.M.P No.4529 of 2021 1.

Appu @ Mohanraj 2.

Sathya @ Sathiyamoorthy 3.

Lokesh Sharma 4.

Chakkarapan ...Petitioners/Accused No.1 to 4 vs.

1. The State rep. by The Inspector of Police, Bagayam Police Station, Vellore District.

...1st Respondent/Complainant

2. Kumareshan ...2nd Respondent/defacto Complaint PRAYER: Criminal Original Petition 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 Inspector of Police, Bagayam Police Station, Vellore District in Crime No.214 of 2019 and to quash the criminal proceeding. For Petitioners : Mr.E.Kannadasan For Respondents : Mr.M. Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to call for the records in Crime No.214 of 2019 on the file of the Inspector of Police, Bagayam Police Station, Vellore District and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor (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. It is also seen from the records that the respondent police is investigating the case and counter in Crime Nos.213 and 214 of 2019.

https://hcservices.ecourts.gov.in/hcservices/

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 disposed of 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 //True Copy// Sub Assistant Registrar msm To

1. The Inspector of Police, Bagayam Police Station, Vellore District.

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

Crl.O.P No.6832 of 2021 and Crl.M.P No.4529 of 2021 PL(CO) baf 11/05/2021 https://hcservices.ecourts.gov.in/hcservices/