Madras High CourtCRL OP/13967/2017disposed of

Gopakumaran Nair, M/62 v. State Rep.By

2021-02-23Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.13967 of 2017 and Crl.M.P No.8985 of 2017 Gopakumaran Nair Petitioner vs.

1. State rep. by The Inspector of Police, Central Crime Branch, CCB II, Team 24, Vepery, Chennai.

Chennai District.

2. G.Saraswathi Ammal Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the 1st respondent in Crime No.21 of 2017 on the file of the Central Crime Branch, Vepery, Chennai and quash the FIR. For Petitioner : M/s.N.Kavitha Rameshwar For Respondents: Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1 Mr.R.Sasikumar for M/s.Muthumani Doraisamy for R2

ORDER

This petition has been filed to call for the records of the 1st respondent in Crime No.21 of 2017 on the file of the Central Crime Branch, Vepery, Chennai and quash the FIR. 2.Heard M/s.N.Kavitha Rameshwar, learned counsel appearing on behalf of the petitioner and Mr.M.Mohammed Riyaz, learned Additional Public Prosecutor appearing on behalf of the 1st respondent and Mr.R.Sasikumar, learned counsel appearing on behalf of the 2nd respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

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

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Central Crime Branch, CCB II, Team 24, Vepery, Chennai.

Chennai District.

2. The Public Prosecutor, High Court of Madras, +1cc to Mr.Muthumani Doraisami, Advocate SR.NO.11242 +1cc to Mr.N.Kavitha Rameshwar, Advocate SR.NO.11056 AKM/30.03.21/2P-5C/ Crl.OP No.13967 of 2017 and Crl.M.P No.8985 of 2017 23.02.2021 https://hcservices.ecourts.gov.in/hcservices/