Madras High CourtCRL OP/4538/2021disposed of

Venkatesan v. State Rep By

2021-03-24Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4538 of 2021 and Crl.M.P No.2909 of 2021 S.Venkatesan ... Petitioner/Accused-5 vs.

1. State rep. by The Inspector of Police (Crime), R-1, Mambalam Police Station, T-Nagar, Chennai - 600 017.

(Crime No.700 of 2019) ...Respondent/Complainant

2. Y.Siva Arul Durai

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR No.700/2019 on the respondent police and using inherent power vested with it u/s.482 of Cr.P.C to quash the same. For Petitioner : Mr.G.Dakshinamurthy For Respondents: Mr.C.Raghavan Government Advocate for R1

ORDER

This petition has been filed to call for the records in FIR No.700/2019 on the respondent police and using inherent power vested with it u/s.482 of Cr.P.C to quash the same.

2. Heard the learned counsel for the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/

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.

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 III) //True Copy// Sub Assistant Registrar ssr To

1. The Inspector of Police (Crime), R-1, Mambalam Police Station, T-Nagar, Chennai - 600 017.

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

Crl.OP No.4538 of 2021 and Crl.M.P No.2909 of 2021 ssn[co] srg 11/06/2021 https://hcservices.ecourts.gov.in/hcservices/