Madras High CourtCRL OP/12534/2017disposed of

R.K.Anbu, M/A 58 Years, v. The Inspector Of Police,

2019-08-02Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.12534 of 2017 1.R.K.Anbu 2.P.M.Kasinathan 3.Imayavaramban 4.M.E.Parthiban 5.B.K.Haribabu 6.Govindasamy Yadav 7.K.Rajendran 8.R.K.A.Prabhakaran 9.R.Venkatesan 10.D.Balaji 11.Chakrapani 12.Venkatesan 13.Afsal @ Apppu 14.Dilip 15.Kumaran ... Petitioners vs.

1.The Inspector of Police, Town Police Station, Gudiyatham, Vellore District.

(Crime No.34 of 2017) 2.M.Tamilselvan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.34 of 2017, on the file of the Inspector of Police, Gudiyatham Town Police Station, Gudiyatham, Vellore District and quash the proceedings against these petitioners. For Petitioners : M/s.S.Prasadbabu 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.34 of 2017, on the file of the Inspector of Police, Gudiyatham Town Police Station, Gudiyatham, Vellore District, and quash the same.

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

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. Recording the same, this Criminal Original Petition is dismissed. There shall be a direction to the Judicial Magistrate, Kudiyatham, to immediately take the final report and proceed further in accordance with law. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ub To 1.The The Inspector of Police, Town Police Station, Gudiyatham, Vellore District.

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

3.The Judicial Magistrate, Kudiyatham,Vellore District 4.Do thro the Chief Judicial Magistrate, vellore +1cc to Mr.S.Prasad babu , Advocate SR.No. 66445 Crl.O.P No.12534 of 2017 A.SK(27/08/2019) https://hcservices.ecourts.gov.in/hcservices/