Madras High CourtCRL OP/2434/2018dismissed

S.M.Buhari, Aged 42 Years v. State Rep By

2021-01-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.2434 of 2018

1. S.M.Buhari

2. S.M.Kasim Petitioners vs.

1. State rep. by The Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Chennai 600 073.

2. Grace Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR No.1195 of 2017 dated 17.07.2017 on the file of S-15, Selaiyur Police Station, Selaiyur, Chennai 600 073.

For Petitioners : M/s.Ghyaz Ahmed For Respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1 Mr.K.Gandhi Kumar for R2

ORDER

This petition has been filed to call for the records in Crime No.1195 of 2017 on the file of the Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Chennai 600 073 and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for R1 and the learned counsel for R2.

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. 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 four weeks from the date of receipt of a copy of this order.

27.01.2021 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dpq To

1. The Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Chennai 600 073.

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

N. ANAND VENKATESH, . J.

dpq Crl.OP No.2434 of 2018 27.01.2021