Madras High CourtCRL OP/28194/2018disposed of

K.S.Krishnamoorthy v. The State Rep. By

2021-10-06Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.28194 of 2018 and Crl.M.P.No.16394 of 2018 K.S.Krishnamoorthy ... Petitioner/Sole Accused Vs.

1.State rep. by the Inspector of Police, Chennaimalai Police Station, Chennimalai, Erode District.

... 1st Respondent/Complainant 2.Gopalsamy ...2nd Respondent/Defacto Complainant Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the FIR No.540 of 2017 dated 13.12.2017 pending on the file of the learned Judicial Magistrate, Perundurai and quash the same.

For Petitioners :

Mr.R.Amardeep for Mr.Tamizh Law Firm For Respondent :

Mr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this petition seeking to call for the records and to quash the proceedings in C.r.No.540/2017, on the file of the 1st respondent.

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Investigating Officer and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the 1st respondent Police.

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3.It is now represented by the learned counsel appearing for the petitioner that without going into the merits of the case, it would suffice, if this Court issues direction to the law enforcing agency to expedite the investigation and complete the same as early as possible.

4.In view of the above, this Court directs the 1st respondent Police, to expedite the investigation in C.r.No.540 of 2017 and complete the same, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rli To 1.The Inspector of Police, Chennaimalai Police Station, Chennimalai, Erode District.

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

Crl.O.P.No.28194 of 2018 and Crl.M.P.No.16394 of 2018 GJ (CO) PR (17/11/2021) https://hcservices.ecourts.gov.in/hcservices/