The Single Judge held that the petition contained purely factual contentions and did not warrant a mini investigation by the Court. regarding Section 482 Cr.P.C. jurisdiction, the Court refused to interfere with the police investigation at this stage.
Petition dismissed; Police directed to complete investigation and file final/closure report within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
CRL.O.P NO.27371 OF 2018 AND CRL.M.P NO.15782 OF 2018
Parthiban
...Petitioner
vs.
1.State rep. by The Inspector of Police, Harur Police Station, Dharmapuri District. (Crime No.486 of 2018) ...1st Respondent / Complainant 2.K.Mohan ...2nd Respondent / Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to crime No.486 of 2018 on the file of the first respondent and quash the same.
For Petitioner : Mr.R.Ezhilarasan For Respondents : Mr.C.E.Pratap R1 Govt. Advocate (Crl. Side) Mr.R.Balakrishnan R2 ORDER
This petition has been filed to call for the entire records relating to crime No.486 of 2018 on the file of the first respondent and quash the same.
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. Any finding on facts will also have a bearing on the investigation conducted by the respondent Police.
Sd/Assistant Registrar(CCC)
// True Copy //
Sub Assistant Registrar
rli
To
+1cc to Mr.R.Ezhilarasan, Advocate SR.No.55194
+1cc to Mr.R.Balakrishnan, Advocate SR.No.55447
Crl.O.P No.27371 of 2018 and Crl.M.P No.15782 of 2018
SVI(CO) RVM(08/12/2021)
1 issue framed by the court
Whether this Court has jurisdiction under Section 482 Cr.P.C. to call for records and quash the proceedings based on purely factual contentions without conducting a mini investigation.
1 provisions across 1 enactments
Parthiban
The Inspector of Police, Harur Police Station, Dharmapuri District
K. Mohan
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
