P.N.Mani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.7720 of 2024 and Crl.M.P.No.5641 of 2024 P.N.Mani, S/o.Nathappa Gounder ... Petitioner Vs.

State rep. by Inspector of Police, CCB Police Station, Salem City, Cr.No.2/2021 ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records with respect of Crime No.2 of 2021 pending on the file of respondent and quash the same as far as the petitioner is concerned.

For Petitioner : Mr.V.Karthic Sekar, Senior Counsel for Mr.R.Nalliyappan For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

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This petition has been filed to call for the records in Crime No.2 of 2021 on the file of respondent and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondent.

3. The contentions put forth 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. 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.

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 (2) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

27.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To

1. The Inspector of Police, CCB Police Station, Salem City, Cr.No.2/2021

2. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

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gm Crl.O.P.No.7720 of 2024 27.03.2024 4/4