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Madras High CourtCRL OP/20121/2020disposed of

B.Gunaseelan v. State Rep By Sub Inspector Of Police

2021-01-08Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl. OP No.20121 of 2020 and Crl. MP No.8343 of 2020 B.Gunaseelan

...Petitioner/Accused-1

vs.

1. State rep by Sub Inspector of Police, Vaitheeswaran Kovil Police Station, Vaitheeswaran Kovil, Nagapattinam District.

Crime No.135/220 *2. Sethupathy The Sub Inspector of Police, Vaitheeswaran Kovil Police Station, Vaitheeswaran Kovil, Nagapattinam District.

... Respondents * R2 is impleaded as per order in Crl MP No.53 of 2021 in Crl.OP No.20121 of 2020 dated 08/01/2021 PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records and quash the proceedings in Crime No.135 of 2020 on the file the respondent police in so far as the petitioner in concern. For Petitioner : Mr.P.Suresh Babu For Respondents: Mr.C.Raghavan Government Advocate (crl. Side) for R1

ORDER

This petition has been filed to call for the records in Crime No.135 of 2020 on the file of the Sub Inspector of Police, Vaitheeswaran Kovil Police Station, Vaitheeswaran Kovil, Nagapattinam District and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the first respondent.

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

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 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 one month from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

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

1. The Sub Inspector of Police, Vaitheeswaran Kovil Police Station, Vaitheeswaran Kovil, Nagapattinam District.

Crime No.135/220

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl. OP No.20121 of 2020 and Crl. MP No.8343 of 2020 nrl(CO) rv(03/02/2021) https://hcservices.ecourts.gov.in/hcservices/