Madras High CourtCRL OP/11186/2019dismissed

Balasubramaniam v. State Rep. By

2019-06-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.11186 of 2019 and Crl.M.P No.5732 of 2019

1. Balasubramanian

2. V.Santhoshkumar

3. A.Senthil Kumar

4. Gowriammal Petitioners / Accused 1 to 3 & 5 vs.

1. State rep. by The Inspector of Police, Gudiyatham Police Station, Vellore District.

(Crime No.35 of 2019) Respondent / Complainant

2. Kalidasan Respondents / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.35 of 2019 on the file of the Inspector of Police, Gudiyatham Police Station, Vellore District and quash the same. For Petitioners: Mr.M.N.Balakrishnan For R1 : Mr.C.Raghavan Government Advocate (Criminal Side)

ORDER

This petition has been filed to call for the records in Crime No.35 of 2019 on the file of the Inspector of Police, Gudiyatham Police Station, Vellore District and quash the same.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side). 3.The contentions put forward by the learned counsel appearing on behalf of the petitioners are purely factual in https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar ssr To

1. The Inspector of Police, Gudiyatham Police Station, Vellore District.

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

Crl.OP No.11186 of 2019 and Crl.M.P No.5732 of 2019 SSD(CO) SSM(01/07/2019) https://hcservices.ecourts.gov.in/hcservices/