Madras High CourtCRL OP(MD)/14662/2023disposed of

Kesavan v. The Inspector Of Police

2025-01-07Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2025

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.14662 of 2023 Kesavann ... Petitioner Vs.

1. The Inspector of Police, Thillainagar Police Station, Trichy District.

Crime No.1336 of 2023

2. Javith Hussain ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the above First Information Report in Crime No.1336 of 2023 on the file of the respondent police and quash the same.

For Petitioners : Mr.B.Jameel Arasu For R1 : Mr.Thanga Aravindh B Government Advocate (Crl. Side) For R2 : Mr. S.M.A.Jinnah 1/4

O R D E R

This petition has been filed to call for the records in Crime No. 1336 of 2023 on the file of the Inspector of Police, Thillainagar Police Station, Trichy District and quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal 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. 2/4

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 three months from the date of receipt of a copy of this order. 07.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Sma To 1.The Inspector of Police, Thillainagar Police Station, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

N.ANAND VENKATESH,J.

Sma Dated: 07.01.2025 4/4