Basha@ Kalith Basha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.18516 of 2019 and Crl.M.P.No.9378 of 2019 Basha @ Kalith Basha

...Petitioner/Accused -A3

-Vs1. The State By the Inspector of Police, Chitlapakkam Police Station, Chennai.

(Crime No.869 of 2017)

2. K.Velayudham ... Respondents Prayer: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to call for records in FIR.No.869 of 2017 from the file of the Inspector of Police, Chitlapakkam Police Station, Chennai and quash the same.

For Petitioner : Mr.R.Silambarasan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor (for R1)

ORDER

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

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent-Police.

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

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 first respondent- Police.

4. In the facts and circumstances of the case, this Court is not inclined to interfere with the investigation conducted by the first 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 a copy of the order. Consequently, the connected miscellaneous petition is closed.

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

1. The Inspector of Police, Chitlapakkam Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Silambarasan, Advocate Sr.59481 Crl.O.P.No.18516 of 2019 and Crl.M.P.No.9378 of 2019 ppa[co] srg 22/08/2019 https://hcservices.ecourts.gov.in/hcservices/