G. Sakthi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.3.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4957 of 2024 & Crl.M.P.No.3592 of 2024 G.Sakthi

...Petitioner

Vs.

1.State rep. by The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

2.Sivakumar

...Respondents

Petition under Section 482 of the Code of Criminal Procedure praying to call for the records pertaining to FIR Crime No.629 of 2023 on the file of the respondent police and quash the same. For Petitioner :

Mr.J.Satheesh For Respondent-1 :

Mr.A.Gopinath, GA (Crl.Side)

ORDER

This is a petition filed by the petitioner seeking to call for the records in FIR Crime No.629 of 2023 on the file of the first respondent and quash the same.

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2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent.

3. The contentions put forward by the learned counsel for the petitioner 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 the Criminal Procedure Code. This Court must also bear in mind the parameters laid down by the Apex Court in the case of Neeharika Infrastructure Pvt.Ltd. [reported in 2021 SCC Online SC 315]. Any finding on facts will also have a bearing on the investigation conducted by the first respondent p.olice.

4. In the facts and circumstances of the case, this Court is not inclined to interfere with the investigation conducted by the first respondent police at this stage.

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5. In the result, this Criminal Original Petition is dismissed and the first 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, the connected Crl.M.P. is closed. 01.3.2024 Index : Yes/No Internet : Yes/No Speaking Order: Yes/No To 1.The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P No.4957 of 2024 & Crl.M.P.No.3592 of 2024 01.3.2024 4/4