Madras High CourtCRL OP/19609/2019dismissed

D.S.Suresh v. State Rep. By

2019-07-24Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.19609 of 2019 and Crl.M.P No.10044 of 2019 D.S.Suresh ... Petitioner Vs.

1. State: Rep. by, The Inspector of Police (Crime Wing) J-7, Velachery Police Station, Velachery, Chennai - 600 007.

2. Venkatakrishnan ... Respondents 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 dated 27.02.2019 in Crime No.130 of 2019 for the offence under section381 IPC on the file of the 1st respondent.

For Petitioner : M/s.Malini George 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.130 of 2019, on the file of the Inspector of Police (Crime Wing) J-7, Velachery Police Station, Velachery, Chennai, 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 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 https://hcservices.ecourts.gov.in/hcservices/

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 1st 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 three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar msrm To 1.The Inspector of Police (Crime Wing) J-7, Velachery Police Station, Velachery, Chennai - 600 007.

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

+3cc to M/s.Malini George, Advocate Sr.63274 Crl.O.P.No.19609 of 2019 and Crl.M.P No.10044 of 2019 nrl[co] srg 03/09/2019 https://hcservices.ecourts.gov.in/hcservices/