Parthiban v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P NO.27371 OF 2018 AND CRL.M.P NO.15782 OF 2018 Parthiban

...Petitioner

vs.

1.State rep. by The Inspector of Police, Harur Police Station, Dharmapuri District.

(Crime No.486 of 2018) ...1st Respondent / Complainant 2.K.Mohan ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to crime No.486 of 2018 on the file of the first respondent and quash the same.

For Petitioner :

Mr.R.Ezhilarasan For Respondents :

Mr.C.E.Pratap R1 Govt. Advocate (Crl. Side) Mr.R.Balakrishnan R2

ORDER

This petition has been filed to call for the entire records relating to crime No.486 of 2018 on the file of the first respondent and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of first respondent.

3.The contentions put forward by the learned counsel appearing on behalf of the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/

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.

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 six weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar rli To 1.The Inspector of Police, Harur Police Station, Dharmapuri District.

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

+1cc to Mr.R.Ezhilarasan, Advocate SR.No.55194 +1cc to Mr.R.Balakrishnan, Advocate SR.No.55447 Crl.O.P No.27371 of 2018 and Crl.M.P No.15782 of 2018 SVI(CO) RVM(08/12/2021) https://hcservices.ecourts.gov.in/hcservices/