Madras High CourtCRL OP/28205/2023dismissed

Balaji v. State By

2024-01-04Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.28205 of 2023 and Crl.M.P No.19575 of 2023 Balaji Petitioner/Accused (A3) vs.

1.State by Inspector of Police Valathy Police Station Villupuram District.

(Crime No.251 of 2023) 2.Deputy Superintendent of Police Gingee Sub Division Gingee Villupuram District.

..Complainant/Respondents 3.Rangarajan ..De facto Complainant/ Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.251 of 2023, on the file of Inspector of Police, Valathy Police Station, Villupuram District insofar as this petitioner is concerned.

For Petitioner : Mr.S.Sasikumar

For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking to quash the FIR in Crime No.251 of 2023, pending on the file of Inspector of Police, Valathy Police Station, Villupuram.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side).

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. 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, as expeditiously as possible. Consequently, connected miscellaneous petition is closed. 04.01.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.Inspector of Police Valathy Police Station Villupuram District.

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.OP No.28205 of 2023

04.01.2024