Madras High CourtCRL OP/5343/2024disposed of

Deva @ Deva Arockiam v. Inspector Of Police

2024-03-12Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5343 of 2024 and Crl.M.P No.4294 of 2024

1. Deva @ Deva Arockiam

2. Micheal

3. Viji @ Vijayakumar Petitioners vs.

1. State rep. by The Inspector of Police, Mappedu Police Station, Thiruvallur District

2. Prabhu Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.308 of 2022 on the file of the Inspector of Police, M6, Mappedu Police Station, Mappedu, Thiruvallur District.

For Petitioners : Mr.S.Anantha Narayanan Senior Counsel For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed to call for the records in Crime No.308 of 2022 on the file of the Inspector of Police, M6, Mappedu Police Station, Mappedu, Thiruvallur District 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 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. This Court must also bear in mind the parameters laid down by the Apex Court in Neeharika Infrastructure Pvt.Ltd., case reported in 2021 SCC Online SC 315. 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 three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

12.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To 1.State rep. by The Inspector of Police, Mappedu Police Station, Thiruvallur District

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

N. ANAND VENKATESH, . J.

rka Crl.O.P No.5343 of 2024 and Crl.M.P No.4294 of 2024 12.03.2024