Madras High CourtCRL OP(MD)/18086/2022disposed of

Xavier v. The Inspector Of Police

2024-12-11Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.18086 of 2022 and Crl.M.P(MD)No.12070 of 2022 Xavier ... Petitioner Vs

1. The Inspector of Police, City Crime Branch (CCB), Trichy, Crime No. 29/2021.

2. Krishnamoorthi ... Respondents PRAYER: Criminal Original petitions have been filed under Sections 439

(1) (b) of the Code of Criminal Procedure, to call for the records pertaining to FIR in Crime No. 29/2021 on the file of the 1st respondent police and quash the same with regard to the petitioner and pass such other and further orders For Petitioner : Mr.Murugan R, For R1 : Mr.A.Albert James Government Advocate (Crl.Side) For R2 : Mr.N.S.Karthikeyan

O R D E R

This petition has been filed to call for the records in Crime No.29 of 2021 on the file of the Inspector of Police, City Crime Branch (CCB), Trichy 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 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 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.

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

11.12.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The Inspector of Police, City Crime Branch (CCB), Trichy.

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

N.ANAND VENKATESH, J.

LR Crl.O.P(MD)No.18086 of 2022 11.12.2024