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Madras High CourtCRL OP/22382/2019dismissed

A.Sekar v. The Inspector Of Police

2019-08-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.22382 of 2019 and Crl.M.P No.11641 of 2019

1. A.Sekar

2. A.Selvakumar Petitioners vs.

1. The State rep. by The Inspector of Police, Erumapatty Police Station, Namakkal District.

2. P.M.Ganesan Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in Crime No.287 of 2018 pending on the file of the 1st respondent police and quash the same illegal, incompetent and without jurisdiction by allowing the present criminal original petition.

For Petitioners : Mr.Ma.P.Thangavel For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

This petition has been filed to call for the entire records in Crime No.287 of 2018 pending on the file of the 1st respondent police and quash the same illegal, incompetent and without jurisdiction by allowing the present criminal original petition.

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

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

ssr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Erumapatty Police Station, Namakkal District.

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

+1cc to Mr.Ma.P.Thangavel, Advocate, SR.No.71758 Crl.OP No.22382 of 2019 and Crl.M.P No.11641 of 2019 Kak(24/09/2019) https://hcservices.ecourts.gov.in/hcservices/