Rajkumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.23062 of 2023 and Crl.M.P No.16163 of 2023 Rajkumar, S/o.P.R.Arumugam

...Petitioner

vs.

1.State Represented by, The Inspector of Police, Semmancherry Police Station, Chennai District.

(Crime No.206 of 2022) 2.S.Shankarapandi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the Crime No.206 of 2022 pending on the file of the Inspector of Police, Semanchery Police Station, Chennai District.

For Petitioner : Mr.P.Muthamizh Selvakumar For R1 : Mr.A.Gopinath Government Advocate (Criminal Side)

ORDER

This petition has been filed to call for the records in Crime No.206 of 2022 on the file of the Inspector of Police, Semanchery Police Station, Chennai District and quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side).

3. The contentions put forward 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. This Court must also bear in mind the parameters laid down by the Apex Court in Neeharika Infrastructure Pvt.Ltd., case reported in 2021 SCC Online SC 315. 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 three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

29.01.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order mkn2 To 1.The Inspector of Police, Semmancherry Police Station, Chennai District.

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

N. ANAND VENKATESH, . J.

mkn2 Crl.O.P No.23062 of 2023 and Crl.M.P No.16163 of 2023 29.01.2024