Mahendra Kumar v. State Of Tamilnadu

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NO.28206 OF 2018 AND CRL.M.P.NO.16400 OF 2018 Mr.Mahendra Kumar ... Petitioner/Accused ..Vs..

1. State of Tamil Nadu rep.by the Inspector of Police, Central Crime Branch, Team No.32, Commissioner Office, Vepery, Chennai.

2. Mr.S.Mohan Kumar ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the records in First Information Report No.455 of 2018 on the file of the 1st respondent and quash the same as against the Petitioner.

For Petitioner : Anbarasi Rajendran for AAV Partners For Respondent R1 : Mr.A.Gopinath Government Advocate (Crl.Side) R2 : Ms.R.Meenakshidevi

O R D E R

The petitioners have filed this petition seeking to call for the records in First Information Report No.455 of 2018 on the file of the 1st respondent and quash the same as against the Petitioner.

2. The grounds raised by the counsel for the petitioners 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 petitioners 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.

3.It is now represented by the learned counsel appearing for the petitioners 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 Cr.No.455 of 2018 and complete the same within a period of four weeks from the date of receipt of a copy of this order and further till the completion of investigation, the petitioner shall not be harassed by the respondent Police under the guise of enquiry. 5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sk To

1. The Inspector of Police, Central Crime Branch, Team No.32, Commissioner Office, Vepery, Chennai.

2. The Public Prosecutor, Madras High Court.

+1cc to M/s.AAV Partners, Advocate, S.R.No.46085 Crl.O.P.No.28206 of 2018 NK(CO) CS/27/10/2021