Varatharaj v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20545 of 2019 and Crl.M.P No.10584 of 2019

1. Varatharaj

2. Saravanan

3. Kaviyarasan

4. Prasanth

5. Karthick

6. Periyasamy

7. Venkadesan

8. Vijay

9. Lenin

10. Murugan @ Muruganandham

11. Karuppaiya

12. Rajendran

...Petitioners/Accused

vs.

1. The Deputy Superintendent of Police, Mangalamedu Division, Perambalur District.

2. State Rep. by the Inspector of Police, Mangalamedu Police Station, Perambalur District.

3. Pazhanivel ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.147 of 2019 on the file of the 2nd respondent and quash the same.

For Petitioners : Mr.T.Dharani For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 & R2

ORDER

This petition has been filed to call for the records in Crime No.147 of 2019 on the file of the 2nd respondent and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for respondent police. 3.The contentions put forward by the learned counsel appearing on behalf of the petitioners 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 four months 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

To

1. The Deputy Superintendent of Police, Mangalamedu Division, Perambalur District.

2. State Rep. by the Inspector of Police, Mangalamedu Police Station, Perambalur District.

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

+1cc to Mr.T.Dharani, Advocate Sr.66031 Crl.OP No.20545 of 2019 and Crl.M.P No.10584 of 2019 vg II[co] srg 13/09/2019