M.Sudhakar Naidu @ Manchu Sudhakar v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.22702 of 2023 and Crl.MP.No.15863 of 2023 1.M.Sudhakar naidu @ Manchau Sudhakar 2.H.R.Ganesan 3.D.Kaladharan 4.S.Sivakumar @ Siva .. Petitioners/A1 to A4 vs.
1.The Inspector of Police Thiruverkadu Police Station Thiruverkadu Chennai.
.. 1st Respondent/Complainant (Crime No.469 of 2022) 2.Mr.Ramkumar ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the case in Crime No.469 of 2022, pending investigation on the file of the 1st respondent and quash the same. For Petitioner : Mr.K.G.Senthil Kumar For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1
ORDER
This petition has been filed to call for the records in Crime No.469 of 2022, on the file of the 1st respondent police and quash the same. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing on behalf of 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. 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.
It is brought to the notice of this Court that there is a case and counter in Crime Nos.469 of 2022 and 470 of 2022 and both the crime numbers are investigated by the respondent police. It is also brought to the notice of this Court that investigation has been completed in both the FIRs. In view of the same, there is no question of interfering with the FIRat this stage and the respondent police must be permitted to file the final report based on the investigation which has already been completed. 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 three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 12.01.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.The Inspector of Police Thiruverkadu Police Station Thiruverkadu Chennai.
2.The Public Prosecutor, High Court of Madras, Madras.
N. ANAND VENKATESH, . J.
kp Crl.O.P No.22702 of 2023 12.01.2024