Madras High CourtCRL OP/7701/2021disposed of

S.Shanmugam(Ex-Army) v. The Sub Inspector Of Police

2021-04-26Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.7701 of 2021 and Crl.M.P.No.5094 of 2021 S.Shanmugam ... Petitioner

Versus

1.The Sub-Inspector of Police, K.V.Kuppam Police Station, Vellore District.

2.K.Kamalnathan ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in relating to Crime No.693/2020 dated on 02.12.2020 the file of respondent police and quash the same.

For Petitioner :

Mr.K.Venkatesan For R1 :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.693 of 2020, dated 02.12.2020 on the file of the respondent Police.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent Police.

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 1st respondent Police. It is also seen from records that the 1st respondent police is investigating the case and counter in Crime Nos.692 and 693 of 2020.

4.In the facts and circumstances of the case, this Court is not inclined to interfere with the investigation conducted by the 1st respondent Police at this stage.

https://hcservices.ecourts.gov.in/hcservices/

5. In the result, this Criminal Original Petition is dismissed and the 1st respondent Police is directed to follow Police Standing Order 566 and 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vv2 To 1.The Sub-Inspector of Police, K.V.Kuppam Police Station, Vellore District.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.7701 of 2021 RGN(CO) GN(02/07/2021) https://hcservices.ecourts.gov.in/hcservices/