Madras High CourtCRL OP/14826/2019disposed of

Devaraj v. The Station House Officer

2019-06-27Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.14826 of 2019 and Crl.M.P No.7255 of 2019

1. Devaraj

2. Renuka ... Petitioners vs.

1. The State rep. by its The Station House Officer, H-5, New Washermenpet Police Station, Chennai - 600 081.

(Crime No.396 of 2018)

2. Arvi Balraj

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.396 of 2018 pending investigation on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.R.Kumaravel For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R1

ORDER

This petition has been filed to call for the records relating to the case in Crime No.396 of 2018 on the file of the 1st respondent and quash the same.

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

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

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr To

1. The Station House Officer, H-5, New Washermenpet Police Station, Chennai - 600 081.

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

+1cc to Mr.R.Kumaravel, Advocate Sr.53385 Crl.OP No.14826 of 2019 and Crl.M.P No.7255 of 2019 ev[co] srg 25/07/2019 https://hcservices.ecourts.gov.in/hcservices/