K.R.Parthiban, M/55 Yrs v. The Assistant Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17511 of 2017 and Crl.M.P No.10711 of 2017 1.K.R.Parthiban Petitioners 2.Sudhana 3.Sabari Raja vs.

1. The Assistant Commissioner of Police, Central Crime Branch Office, Salem Town Police Campus, Salem Town, Salem.

2. Ashok Kumar Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR.19 of 2016 on the file of the Inspector of Police, CCB, Salem Town, Salem District and Quash the proceedings therein. For Petitioners: Mr.T.G.V.Aravinthan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.S.Parthasarathy for R2

ORDER

This petition has been filed to call for the records and quash the FIR in Crime No. 19 of 2016 on the file of the Inspector of Police, CCB, Salem Town, Salem District.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1st respondent and the learned counsel for the 2nd 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. https://hcservices.ecourts.gov.in/hcservices/

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 two 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 ssr To

1. The Assistant Commissioner of Police, Central Crime Branch Office, Salem Town Police Campus, Salem Town, Salem.

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

3. The Inspector of Police CCB, Salem Town Salem District Crl.OP No.17511 of 2017 and Crl.M.P No.10711 of 2017 ln(co) aa06/09/2019 https://hcservices.ecourts.gov.in/hcservices/