S.Baskar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5344 of 2024 and Crl.M.P.No.3891 of 2024 1.S.Baskar 2.Kothandapani 3.R.Jothi 4.V.Shanmugam ... Petitioners Vs.

1.The Inspector of Police, CSCID, Cuddalore, Cuddalore District.

(Crime No.144 of 2015) 2.The Deputy Registrar of Cooperative Societies (PDS) Saravana Bawa Buildings, Beach Road, Cuddalore, Cuddalore District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records concerned in Crime No.144 of 2015 on the file of the Inspector of Police, CSCID, Cuddalore, Cuddalore District and quash the same in so far as the petitioners are concerned For Petitioner : Mr.C.Prakasam For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This criminal original petition has been filed to call for the entire records concerned in Crime No.144 of 2015 on the file of the Inspector of Police, CSCID, Cuddalore, Cuddalore District and quash the same in so far as the petitioners are concerned 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 2/4

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. 07.03.2024 Index: Yes/No Internet: Yes/No ssr To 1.The Inspector of Police, CSCID, Cuddalore, Cuddalore District.

(Crime No.144 of 2015) 2.The Deputy Registrar of Cooperative Societies (PDS) Saravana Bawa Buildings, Beach Road, Cuddalore, Cuddalore District.

3.The Public Prosecutor, High Court of Madras, Chennai.

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N.ANAND VENKATESH,J.

ssr Crl.O.P.No.5344 of 2024 and Crl.M.P.No.3891 of 2024 07.03.2024 4/4