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Madras High CourtCRL OP/19379/2020dismissed

Desiga @ Deivasigamani v. State By Its

2021-01-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19379 of 2020 and Crl MP No.7782 of 2020 Desiga @ Deivasigamani ..Petitioner /Accused No.2 vs.

State by its Inspector of Police, Cheyyar Police Station, Cheyyar, Thiruvannamalai District.

Crime No.3102 of 2020 ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.3102 of 2020 pending investigation on the file of the respondent and quash the same with regard to the petitioner. For Petitioner : Mr.K.C.Senthil Kumar For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor (Criminal Side)

ORDER

This petition has been filed to call for the records in Crime No.3102 of 2020 on the file of the Inspector of Police, Cheyyar Police Station, Cheyyar 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 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/ Page numbers

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 rka To

1. State by its Inspector of Police, Cheyyar Police Station, Cheyyar, Thiruvannamalai District.

Crime No.3102 of 2020

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

Copy to:

The Section Officer, Criminal Section, High Court, Madras-104.

+1cc to Mr.K.G.Senthil kumar, Advocate SR.1050 Crl.OP No.19379 of 2020 UM(CO) CB(01/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers