J.Ayyappan v. The Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:31.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.20414 of 2019 and Crl.M.P.No.10507 of 2019 J.Ayyappan

...Petitioner

Vs.

1.The Sub-Inspector of Police Rural Police Station, Attur Attur Taluk Salem District.

(Crime No.183 of 2019) 2.The Assistant Director of Mines and Minerals Attur Taluk Salem District.

3.The Revenue Inspector Mines and Minerals Office of the Deputy Director of Mines Collectorate Campus, Salem ...Respondents PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records and quash the FIR No.183 of 2019 dated 21.06.2019, on the file of the 1st respondent police herein.

For Petitioner : Mr.K.Krishnan For 1st Respondent :Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to quash the FIR registered by the respondent Police and which is pending investigation.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

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 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 one month from the date of receipt of a copy of the order. Consequently, the connected miscellaneous petition is closed.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar uma To 1.The Sub-Inspector of Police Rural Police Station, Attur Attur Taluk Salem District.

2.The Assistant Director of Mines and Minerals Attur Taluk Salem District.

3.The Revenue Inspector Mines and Minerals Office of the Deputy Director of Mines Collectorate Campus, Salem.

4. The Public Prosecutor High Court of Madras.

+1 CC to Mr.K.Krishnan, advocate sr 65350.

Crl.O.P.No.20414 of 2019 and Crl.M.P.No.10507 of 2019 BR(CO) SP(04/09/2019)