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Madras High CourtCRL OP/2199/2018dismissed

V.S.O.Balakrishnan, v. State Through

2018-02-09Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.2199 of 2018 and Crl.M.P.No.855 of 2018 1.V.S.O. Balakrishnan 2.B.Rajan .. Petitioners Vs.

1. State through The Inspector of Police, F2-SIPCOT Police Station, Thiruvallur Distrit.

(Crime No:11 of 2018)

2. Mr.Narayanamoorthy, Sub - Inspector of Police, F2-SIPCOT Police Station, Thiruvallur District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying that this Court to call for the records in Crime No.11 of 2018 now pending investigation on the file of the first respondent police and to quash the same. For Petitioner :

Mr.R.Ganesh Kumar For R1 :

Mr.Kritika Kamal.P Government Advocte(Crl.Side) For R2 :

No Appearance

O R D E R

It is submitted by the learned counsel for the petitioner that he has sufficient materials to establish that what was transported in the lorry was not sand and that it was silica sand.

2. In my view, this factual aspect, as to what was transported physically, on the date of occurrence, is a matter for investigation and this Court, while exercising its powers under Section 482 of Cr.P.C., may not be justified in going into the factual aspects.

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

3. In the result, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar msm To

1. The Inspector of Police, F2-SIPCOT Police Station, Thiruvallur Distrit.

(Crime No:11 of 2018).

2. Sub-Inspector of Police, F2-SIP COT Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2199 of 2018 GMR(CO) EU(05/03/2018) https://hcservices.ecourts.gov.in/hcservices/