A.M.Mohan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.9.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20579 of 2023 & Crl.M.P.No.14023 of 2023 A.M.Mohan, President Alangudi Village Panchayat

...Petitioner

Vs.

1.State rep.by The Inspector of Police, Valangaiman Police Station, Valangaiman Taluk, Thiruvarur District.

2.C.R.Srinivasa Ramanan

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to call for the records of the first respondent in Crime No.55 of 2020 and quash the same by invoking the inherent jurisdiction of this Court in the interest of justice. For Petitioner : Mr.S.Sathiaseelan For Respondent-1 : Mr.A.Damodaran, APP 1/5

ORDER

This petition has been filed to call for the records in Crime No.55 of 2020 on the file of the Inspector of Police, Valangaiman Police Station, Valangaiman Taluk, Thiruvarur District.and quash the same.

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

3.

The learned counsel for the petitioner submitted that the petitioner had only done his duty and any act that was done in the course of his functioning as the president of the Panchayat, is sufficiently protected under Section 232 of the Tamil Nadu Panchayat Act. This stand taken by the petitioner shall also be keep in mind by the respondent police while concluding the investigation 4.

The contentions put forward by the learned counsel appearing on behalf of the petitioners are purely factual in nature and this 2/5

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.

5. 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.

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

08.9.2023 Index : Yes/No Speaking order:Yes/No rka 3/5

To 1.The Inspector of Police, Valangaiman Police Station, Valangaiman Taluk, Thiruvarur District.

2.The Public Prosecutor, Madras High Court.

4/5

N.ANAND VENKATESH,J rka Crl.O.P.No.20579 of 2023 & Crl.M.P.No.14023 of 2023 08.9.2023 5/5