Dismissed

Elumalai v. the State Rep.by

Madras HC5 Feb 2021CRL OP/1740/2021

Case brief

AI extract

What is this about?

Petitioners filed a writ petition under Section 482 CrPC to quash Crime No.2669 of 2020. The Court held it cannot conduct a mini investigation or venture into factual contentions. The petition was dismissed, directing police to proceed with investigation and file a report within two months.

What did the court decide?

Order dismissed; respondent Police directed to complete investigation and file a final or closure report within two months.

Elumalai Vs the State Rep.by — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.02.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Crl.OP.No.1740 of 2021

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and

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Crl.MP.No.1012 of 2021

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Elumalai, age 50 S/o. Duraisami Gounder

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Sathishkumar, age 20
S/o. Elumalai.
3. Ashokumar, age 30
S/o. Annadurai
4. Anandharaj, age 35
S/o.Annadurai
5. Elumalai, age 40
S/o. Settu Gounder ... Petitioners
Vs.
1.The State Represented by
Sub Inspector of Police,
Santhavasal Police Station,
Polur Taluk,
Tiruvannamalai District.

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2.Pazhani S/o. Sampathu ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertains to Crime No.2669 of 2020 pending on the file of 1^st respondent police and to quash the same.

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For Petitioners : Mr.R.Ramesh For R1 : Mr.C.Raghavan Government Advocate (Crl. Side)

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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This petition has been filed to call for the records in Crime No.2669 of 2020, on the file of the first respondent Police, viz.,The Sub-Inspector of Police, Santhavasal Police Station, Polur Taluk, Tiruvannamalai District and quash the same.

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Heard the learned counsel appearing on behalf of the petitioners and the learned Government Advocate (Criminal Side) appearing on behalf of the first respondent.

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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. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police.

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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.

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

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Sd/Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar rm To

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The Sub Inspector of Police, Santhavasal Police Station, Polur Taluk, Tiruvannamalai District.

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The Public Prosecutor, High Court, Madras.

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GMI(CO) SM/02/03/2021

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Crl.OP.No.1740 of 2021

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https://hcservices.ecourts.gov.in/hcservices/

Elumalai v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Elumalai v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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