Madras High CourtCRL OP/31988/2019dismissed

R.Duraisamy @ Challenger Durai v. The State Rep.By Its

2023-07-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.31988 of 2019 & Crl.M.P.No.17533 of 2019

1. R.Duraisamy @ Challenger Durai

2. P.Prabhu Kumar

3. R.Ramesh

4. N.Thangavelu

5. Dharashafee .. Petitioners in Crl.O.P.No.31988 of 2019 Vs.

1. The State Rep by its Inspector of Police, Vadavalli Police Station, Coimbatore District (Crime No.120/2018)

2. N.Mani ... Respondents in Crl.O.P.No.31988 of 2019 PRAYER in Crl.O.P.No.31988 of 2019: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to FIR in Crime No.120 of 2018 on the file of the 1st respondent police and to quash the same as far as petitioners are concern. 1/4

O R D E R

This petition has been filed to call for the records in Crime No.120 of 2018 on the file of the 1st respondent.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor.

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.

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.

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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.

27.07.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The Inspector of Police, Vadavalli Police Station, Coimbatore District

2. The Sub-Inspector of Police, Vadavalli Police Station, Coimbatore District.

3. The Public Prosecutor High Court of Madras.

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N.ANAND VENKATESH, J rka Crl.O.P.No.31988 of 2019 & Crl.M.P.No.17533 of 2019 27.07.2023 4/4