Madras High CourtCRL OP/18503/2019disposed of

Mohamed Yunus v. The State Rep.By

2019-07-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18503 of 2019 and Crl.M.P.No.9373 of 2019 Mohamed Yunus ... Petitioner/Accused (A2) Vs.

1. The State Rep by, The Inspector of Police, Thittachery Police Station, Nagapattinam District.

(Crime No.89 of 2019)

2. A.Abusaleh ... Respondents/Respondent & Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the First Information Report in Crime No.89 of 2019, pending investigation on the file of Inspector of Police, Thittachey Police Station, Nagapattinam District. For Petitioner : Mr.C.D.Johnson For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.89 of 2019, pending investigation on the file of Inspector of Police, Thittachey Police Station, Nagapattinam District and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent.

3. The contentions put forward by the learned counsel https://hcservices.ecourts.gov.in/hcservices/

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.

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 four months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar msrm To

1. The Inspector of Police, Thittachery Police Station, Nagapattinam District.

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

Crl.O.P No.18503 of 2019 and Crl.M.P.No.9373 of 2019 KK(CO) GMY(19/08/2019) https://hcservices.ecourts.gov.in/hcservices/