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Madras High CourtCRL OP/30073/2018disposed of

Velayutham v. The Inspector Of Police

2018-12-21Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.30073 of 2018 Velayutham

...Petitioner

-VsState rep by The Inspector of Police, Thirupur South Police Station, Thirupur District.

(Crime No.159/2017)

...Respondent

Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to set aside the order passed on 20.03.2018 in C.M.P.1963 of 2017 in C.C.No.156 of 2017 by the Learned Judicial Magistrate-II, Thiruppur.

For Petitioner : Mr.C.Ramkumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed challenging the order passed by the Court below under Section 173(8) of Cr.P.C., ordering further investigation.

2. The learned counsel for the petitioner would submit that the further investigation was ordered, since there was a discrepancy in the registration number of the offending vehicle. The learned counsel also submitted that the petitioner is the accused person and the further investigation was ordered even without hearing the accused person.

3. This Court is not inclined to interfere with the order of the Court below. The scope of ordering further investigation is so wide that the police can at any point of time, by filing a formal petition, can proceed further for further investigation. That apart, this Court is not able to see any apparent https://hcservices.ecourts.gov.in/hcservices/

perversity in the order passed by the Court below. The order of the Court below does not require any interference.

4. This Criminal Original Petition is disposed of with the direction to the respondent police to complete the further investigation within a period of six weeks and file a further final report before the Court below.

ssr Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Thirupur.

2. - Do-Thro' The Chief Judicial Magistrate, Tiruppur Dist.

3.The Inspector of Police, Thirupur South Police Station, Thirupur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Ramkumar, Advocate,SR.No.89790 Crl.O.P.No.30073 of 2018 Kak(12/03/2019) https://hcservices.ecourts.gov.in/hcservices/