Sasikumar 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.22700 of 2023 and Crl.M.P No.15862 of 2023 Sasikumar Petitioner/Sole Accused vs.

1.The Inspector of Police B-2, Thiruvallur Taluk Police Station Thiruvallur.

..Respondent/Complainant (Crime No.310 of 2023) 2.Deputy Superintendent of Police Gingee Sub Division Gingee Villupuram District.

.. Respondent/Informant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.310 of 2023, on the file of Inspector of Police, B-2, Taluk Police Station, Thiruvallur and quash the proceeding.

For Petitioner : Mr.DR.N.Vijayaraj For Respondents : Mr.A.Gopinath

Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking to quash the FIR in Crime No.310 of 2023, pending on the file of Inspector of Police, B-2, Taluk Police Station, Thiruvallur

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side), for the respondents. 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. 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.

12.01.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.The Inspector of Police B-2, Thiruvallur Taluk Police Station Thiruvallur.

2.Deputy Superintendent of Police Gingee Sub Division Gingee Villupuram District.

3. The Public Prosecutor, High Court of Madras,

Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.22700 of 2023

12.01.2024