Clement Vimal Prabhu v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.19817 of 2019 and Crl.M.P.No.10157 of 2019 Clement Vimal Prabhu ... Petitioner Vs.

1.The Sub Inspector of Police, R4 Soundarapandiyanar Angadi Police Station, Chennai.

Crime No.179 of 2019 2.Mathavan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the FIR in Cr.No.179 of 2019 pending on the file of Sub-Inspector of Police, R4 Soundarapandiayanar Angadi Police Station, T.Nagar, Chennai, and quash the same as false, illegal, arbitrary, malafied and abuse of process of law. For Petitioner : Mr.S.Xavier Felix For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

O R D E R

This petition has been filed to call for the entire records pertaining to the FIR in Cr.No.179 of 2019 pending on the file of Sub-Inspector of Police, R4 Soundarapandiayanar Angadi Police Station, T.Nagar, Chennai, and quash the same as false, illegal, arbitrary, malafide and abuse of process of law. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

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 https://hcservices.ecourts.gov.in/hcservices/

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 Crime No.179 of 2019 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 months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. vs/jas Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Sub Inspector of Police, R4 Soundarapandiyanar Angadi Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.19817 of 2019 and Crl.M.P.No.10157 of 2019 Kak(30/09/2019) https://hcservices.ecourts.gov.in/hcservices/