Madras High CourtCRL OP/17639/2023dismissed

Esayyan v. State Rep. By

2023-08-07Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.11567 of 2023 Esayyan .. Petitioner

Versus

1. State, Rep by the Inspector of Police, Kangeyam Police Station, Tiruppur District.

(Crime No.166 of 2023)

2. Anandhakumar .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Cr.No.166 of 2023 pending on the file of the 1st respondent and quash the same. For Petitioner : Mr.J.Ranjithkumar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1

ORDER

1/4

This petition has been filed to call for the records in Crime No.166 of 2023 on the file of the Inspector of Police, Kangeyam Police Station, Tiruppur District and quash the same.

2. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor for the first respondent.

3. The contentions put forward by the learned Counsel appearing on behalf of the petitioner 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. It is also seen from records that the respondent police is investigating the case and counter in Crime Nos.165 and 166 of 2023.

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.

2/4

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

07.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Inspector of Police, Kangeyam Police Station, Tiruppur District.

2. The Public Prosecutor, High Court of Madras.

3/4

N.ANAND VENKATESH, J.

grs and Crl.M.P.No.11567 of 2023 07.08.2023 4/4