Masud Madbor @ Madbor Masud v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.OP.No.21099 of 2020 and Crl.M.P.No.8936 of 2020 Masud Madbor @ Madbor Masud Son of Moslem Madbor Ramkisnopur Village Dobishahabar hat Jajira, Shariyatpur Bangladesh.

now confined at Refugee Camp, Kottappattu Tiruchirapalli Tamil Nadu.

... Petitioner Vs.

1.

The State Rep. by Inspector of Police S-2, Airport Police Station Chennai.

2.

Reetesh Meena Immigration Officer Bureau of Immigration Chennai International Airport Meenampakkam, Chennai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to the Crime No.79 of 2019 on the file of the S~2 Airport Police Station, Chennai District and quash the same by allowing this Criminal Original Petition.

For Petitioner : Mr.M.Guruprasad For R1 : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This petition has been filed to quash the investigation in Crime No.79 of 2019, pending on the file of the 1st respondent Police, viz., S~2 Airport Police Station, Chennai. 2.Heard the learned counsel appearing on behalf of the petitioner and the learned Government Advocate (Criminal Side) appearing on behalf of the 1st 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.

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 eight (8) weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rm

To 1.

The Inspector of Police S-2, Airport Police Station Chennai.

2.

The Public Prosecutor, High Court, Madras.

Crl.OP.No.21099 of 2020 GMI(CO) CSR 19.03.2021