Purushothaman v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.11189 of 2023 Purushothaman .. Petitioner

Versus

1. The State represented by The Inspector of Police, B-6, Magaral Police Station, Kanchipuram.

(Crime No.278 of 2022)

2. Krishnakumar .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the Crime No.278 of 2022 on the file of the Inspector of Police, B-6, Magaral Police Station, Kanchipuram and quash the same by allowing the Criminal Original Petition.

For Petitioner : Mr.M.Guruprasad For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1 1/5

ORDER

This petition has been filed to call for the records in Crime No.278 of 2022 on the file of the Inspector of Police, B-6, Magaral Police Station, Kanchipuram and quash the same.

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

3. The learned Counsel for the petitioner submitted that the petitioner is a registered Pharmacist and that he, at no point of time, had opened any clinic or given any treatment to the patients. The petitioner who is a Pharmacist is being harassed by the Police.

4. 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.

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5. It is left open to the petitioner to give a statement to the respondent Police along with all the relevant documents. The same shall also be considered by the respondent Police before coming to a conclusion and filing a Report before the concerned Court.

6. 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.

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

04.08.2023 Index : yes/no Speaking order/Non-speaking order 3/5

: yes/no grs 4/5

N.ANAND VENKATESH, J.

grs To

1. The Inspector of Police, B-6, Magaral Police Station, Kanchipuram.

2. The Public Prosecutor, High Court of Madras.

and Crl.M.P.No.11189 of 2023 04.08.2023 5/5