S.Ramesh Kumar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2019
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P Nos.11959 & 11968 of 2019 and Crl.M.P Nos.6206 & 6209 of 2019
1. S.Ramesh Kumar
2. S.Sakthivel .. Petitioners/Accused in both Crl.O.Ps vs.
1. The State, Rep. by Inspector of Police, Civil Supplies C.I.D.
Salem, Salem District.
(Crime Nos.144 & 145 of 2017) .. 1st Respondent/Complainant in CRL OP No.11959/2019 Respondent/Complainant in CRL OP No.11968 of 2019
2. Manickam .. 2nd Respondent/Defacto Complainant in Crl.O.P.No.11959 of 2019 COMMON PRAYER: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with the FIR in Crime Nos.144 of 2017 and 145 of 2017 respectively, pending investigation on the file of the respondent police and quash the same in respect of the petitioners/Accused No.26 and 27 is concerned. For Petitioners : Mr.N.Sathish Babu in both Crl.O.Ps For R1 : Mr.C.Raghavan in both Crl.O.Ps Government Advocate (Criminal Side) COMMON ORDER These petition have been filed to call for the records in connection with the FIR in Crime Nos.144 of 2017 and 145 of 2017 respectively, pending investigation on the file of the https://hcservices.ecourts.gov.in/hcservices/
respondent police and quash the same in respect of the petitioners/Accused No.26 and 27 is concerned.
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 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, these Criminal Original Petitions are 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 months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssr To
1. The Inspector of Police, Civil Supplies C.I.D.
Salem, Salem District.
2. The Public Prosecutor, High Court of Madras, Madras.
+2 cc's to Mr.E.Sathiyaraj, Advocate, Sr.No. 44912,44913 Crl.O.P Nos.11959 & 11968 of 2019 and Crl.M.P Nos.6206 & 6209 of 2019 CSL/03.07.2019 https://hcservices.ecourts.gov.in/hcservices/