Madras High CourtCRL OP/22403/2019disposed of

P.Guhan v. The State Rep By Its The Inspector Of Police

2019-08-29Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.22403 of 2019 and Crl.M.P No.11652 of 2019 P.Guhan ... Petitioner/Accused No.1 vs.

1. State Rep. by its The Inspector of Police, B-3, Fort Police Station, Chennai.

..1st respondent / Complainant

2. J.Vincent ...2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.28 of 2015, dated 18.05.2015 on the file of B-3, Fort Police Station, Chennai and quash the FIR in Crime No.28 of 2015 dated 18.05.2015 registered by the 1st respondent.

For Petitioner : Mr.S.Sundar For Respondents: Mr.M.Mohanded Riyaz Additional Public Prosecutor for R1

ORDER

This petition has been filed to call for the records in Crime No.28 of 2015, on the file of the 1st respondent and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent.

3.The contentions put forth 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. https://hcservices.ecourts.gov.in/hcservices/

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 two months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rka To

1. The Inspector of Police, B-3, Fort Police Station, Chennai.

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

Crl.O.P No.22403 of 2019 and Crl.M.P No.11652 of 2019 bs(co) nr 03/10/2019 https://hcservices.ecourts.gov.in/hcservices/