Madras High CourtCRL OP/5942/2024disposed of

Dinesh v. The State Rep By

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.5942 of 2024 and Crl.M.P No.4320 of 2024 Dinesh Petitioner vs.

1. State rep. by The Inspector of Police, Salem Town Crime Police Station, Bazaar St. Anna Colony, Salem City, Salem - 636 001

2. Kathiresan Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.4 of 2024 on the file of 1st respondent police.

For Petitioners : Mr.L.Infant Dinesh For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed to call for the records in Crime No.4 of 2024 on the file of the respondent police.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of 1st respondent. 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, as expeditiously as possible. 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, Salem Town Crime Police Station, Bazaar St. Anna Colony, Salem City, Salem - 636 001

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

N. ANAND VENKATESH, . J.

rka Crl.O.P No.5942 of 2024 and Crl.M.P No.4320 of 2024 12.03.2024