Manikandan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16630 of 2020 and Crl MP No.6398 of 2020 1.Manikandan 2.Vijayakumar @ Vijayan @ Kutti ..Petitioners/Accused No.2&3 vs.

The State Rep. By The Inspector of Police, Nagoor Police Station, Nagapattinam District ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pending on the file of the respondent police namely the Inspector of Police, nagoor Police station, Nagapattinam District in Crime No.1538 of 2020 and quash the criminal proceeding. For Petitioner : Mr.J.Jawahar For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor (Criminal Side)

ORDER

This petition has been filed to call for the records in Crime No.1538 of 2020 on the file of the Inspector of Police, Nagoor Police Station, Nagapattinam and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Criminal Side), appearing on behalf of the respondent.

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

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(CS III) //True Copy// Sub Assistant Registrar rka To

1. The State Rep. By The Inspector of Police, Nagoor Police Station, Nagapattinam District

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

+1cc to Mr.J.Jawahar, Advocate, SR722 Crl.OP No.16630 of 2020 CO(JP) BDL/11/01/2021 https://hcservices.ecourts.gov.in/hcservices/