Madras High CourtCRL OP/17643/2019dismissed

B.Rubesh v. State Rep. By

2019-07-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17643 of 2019 and Crl.M.P No.8898 of 2019 1.B. Rubesh 2.P. Chandrakanth 3.A. Mohammed Ayaz Shariff

4. T. Britto Deepak ... Petitioners vs.

1. State rep by its, The Sub Inspector of Police, J8, Neelankarai Police Station, Chennai

2. J. Kannan Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the CR.No. 1881 of 2018 pending on the file of J-8 Neelankarai Police Station, Chennai.

For Petitioners : M/s.U. Jucal Kumar For Respondents : Mr.M.Mohanded Riyaz Additional Public Prosecutor for R1

ORDER

This petition has been filed to call for the records in Crime No.1881 of 2019, pending on the file of J-8 Neelankarai Police Station, Chennai, and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the 1st 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 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. https://hcservices.ecourts.gov.in/hcservices/

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 first 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 three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar smn To 1.The Sub Inspector of Police, J-8 Neelankarai Police Station, Chennai.

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

Crl.O.P No.17643 of 2019 and Crl.M.P No.8898 of 2019 skv(co) nr 17/09/2019 https://hcservices.ecourts.gov.in/hcservices/