Azhagarsamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.11675 of 2019 and Crl.M.P.No.6042 of 2019 Azhagarsamy

...Petitioner

vs.

1. State Represented by The Inspector of Police, H-2 Guduvanchery Police Station, Kancheepuram District.

2. S.Subramaniam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the Crime No.114 of 2019 pending on the file of H-2 Guduvanchery Police Station and to quash the same as against the petitioner.

For Petitioner : Mr. C.M.Gunasekaran For 1st Respondent : Mr. M.Mohamed Riyaz Addl.Public Prosecutor For 2nd Respondent: Mr.Aravind Subramaniam

ORDER

This petition has been filed seeking to quash the FIR registered by the respondent Police and which is pending investigation.

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

3. The contentions put forward by the learned counsel appearing on behalf of the petitioner is 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 https://hcservices.ecourts.gov.in/hcservices/

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 one month from the date of receipt of a copy of the order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar uma To 1.The Inspector of Police, H-2, Guduvanchery Police Station, Kancheepuram District.

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

+1 cc to Mr.M.Aravind Subramanian, Advocate, Sr.No. 46620 Crl.O.P. No.11675 of 2019 and Crl.M.P.No.6042 of 2019 CSL/26.06.2019 10.06.2019 https://hcservices.ecourts.gov.in/hcservices/