Madras High CourtCRL OP/5183/2021disposed of

S.Shankar v. State Rep.By

2021-03-17Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5183 of 2021 and Crl.M.P No.3328 of 2021

1. S.Shankar

2. Luke @ Luke Fabian Dsilva : Petitioners/ Accused 1 & 2 vs.

1. State rep. by The Inspector of Police, Erode Taluk Police Station, Erode.

(Crime No.964 of 2020) : Respondent/Complainant

2. Vijayakumari : Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in concern Crime No.964 of 2020 on the file of the respondent police and quash the same.

For Petitioners : Mr.A.T.Anbu Kumar For R1 : Mr.M.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to call for the records in concern Crime No.964 of 2020 on the file of the respondent police and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor.

3.The contentions put forward by the learned counsel appearing on behalf of 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 Cr.P.C. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police. 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 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 ssr To

1. The Inspector of Police, Erode Taluk Police Station, Erode.

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

Crl.OP No.5183 of 2021 and Crl.M.P No.3328 of 2021 SKY(CO) CSR 09.04.2021 https://hcservices.ecourts.gov.in/hcservices/