D.Kandeeban v. The Inspector Of Police
W.P.No.25531 of 2019 N.ANAND VENKATESH, J.
This matter has been heard through video conferencing today. The case is posted under the caption "For clarification".
2. When the matter came up for hearing on 28.08.2019, this Court had directed the first respondent Police to complete the investigation and file a final report within a stipulated time. However, by oversight some other order has been incorporated, by mistake, by the Registry. Therefore, the present case is posted before me for clarification.
3. Hence, the order, dated 28.08.2019, shall be replaced with the present order:- "Taking into consideration the facts and circumstances of the case and also of the fact that the investigation has been pending from the year 2018 onwards, there shall be a direction to the first respondent Police to complete the investigation and file a final report or closure report, as the case may be, within a period of three months from the date of receipt of copy of the order. 1/7
2. The Writ Petition stands disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed."
12.11.2019 tsg Note : Issue order copy by 15.11.2019 2/7
N.ANAND VENKATESH, J.
tsg W.P.No.25531 of 2019 12.11.2019 3/7
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2019
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.25531 of 2019 and WMP Nos.25063 of 2019 D.Kandeeban
...Petitioner
.Vs.
1.The Inspector of Police, District Crime Branch, Thiruvallur, Thiruvallur District.
2.The Inspector of Police, Ponneri Police Station, Ponneri, Thiruvallur District.
..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to direct the first respondent to complete the investigation in connection to the Crime No.557 of 2018, by considering petitioner's representation dated 06.08.2019. For Petitioner : Mr.Sreedhar For Respondents : Mr.M.Mohamed Riyaz, APP 4/7
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 Writ Petition is dismissed and the respondent Police is directed to proceed further with the investigation in 5/7
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 three months from the date of receipt of copy of the order. No costs. Consequently, the connected miscellaneous petition is closed.
28.08.2019 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order KP To 1.The Inspector of Police, District Crime Branch, Thiruvallur, Thiruvallur District.
2.The Inspector of Police, Ponneri Police Station, Ponneri, Thiruvallur District.
3.The Public Prosecutor, High Court, Madras.
N.ANAND VENKATESH, J.
KP 6/7
W.P.No.25531 of 2019 28.08.2019 7/7