Madras High CourtCRL OP/18159/2019allowed

Muthukumarasamy v. The State Of Tamil Nadu,

2019-08-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18159 of 2019 and Crl.M.P No.9192 of 2019 Muthukumarasamy ... Petitioners/Accused vs.

1. The State of Tamil Nadu, Represented by The Inspector of Police, CBCID - North Police Station, Thiruvannamalai. ... Respondent/Complainant (Crime No.1 of 2019)

2. T.M.Prakash

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR No.1 of 2019 on the file of the 1st respondent quash the same. For Petitioner: Mr.M.Devaraj For Respondents: Mr.C.Raghavan Government Advocate for R1

ORDER

This petition has been filed to call for the records relating to FIR in Crime No.1 of 2019 on the file of the 1st respondent police and to quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for 1st 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 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 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 To

1. The Inspector of Police, CBCID - North Police Station, Thiruvannamalai.

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

+1cc to Mr.M.Devaraj, Advocate Sr.67795 Crl.OP No.18159 of 2019 and Crl.M.P No.9192 of 2019 BS(CO) srg 30/08/2019 https://hcservices.ecourts.gov.in/hcservices/