Madras High Court
Aravinth Ramalingam vs The Commissioner Of Police on 20 January, 2021
Crl.O.P.No.630 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.630 of 2021
Aravinth Ramalingam ... Petitioner
Vs.
1. The Commissioner of Police,
Chennai City Police,
No.132, EVK Sampath Salai,
Vepery, Chennai-600 007.
2. The Deputy Commissioner of Police,
Central Crime Branch,
No.132, EVK Sampath Salai,
Vepery, Chennai-600 007.
3. State Rep. By
The Inspector of Police,
Team-VII, Fake Passport Wing,
Central Crime Branch,
No.132, EVK Sampath Salai,
Vepery, Chennai-600 007. ... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.directng
the third respondent Inspector of Police, Team-VII, Fake Passport wing, Central
Crime Branch, Chennai to grant permission to the petitioner/accused to appear
through video conferencing Mode and also grant sufficient time for the purpose
of physical appearance to comply the Notice dated 30.10.2020 issued under
Section 41(A) Cr.P.C. by the third respondent for interrogation.
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1
Crl.O.P.No.630 of 2021
For Petitioner : Mr.D.Vijaya Babu
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
The present petition has been filed for a direction to the third respondent
to grant permission to the petitioner to appear through video conferencing and
to grant the petitioner sufficient time to appear before the third respondent in
order to cooperate for the investigation.
2. In the considered view of this Court, a prayer of this nature is not
maintainable under Section 482 of Cr.P.C. Section 482 of Cr.P.C. only
contemplates three contingencies to entertain a petition namely,
a. To make such orders necessary to give effect to any order passed under
the Code of Criminal Procedure;
b. to prevent abuse of process of any Court exercising its jurisdiction
under the Code of Criminal Procedure; and
c. to secure the ends of justice which must be read ejusdem generis along
with a and b.
3. It is therefore evident that power under Section 482 of Code of
Criminal Procedure can be exercised by the High Court in relation to the matter
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pending before a Court. It cannot be used for issuing directions to the executive
Crl.O.P.No.630 of 2021
and the same is beyond the scope of Section 482 of Cr.P.C. Useful reference can
be made to the Judgment of the Hon'ble Supreme Court in case of the State of
West Bengal Vs. Sujit Kumar Rana reported in 2004 (4) SCC 129.
4. In the present case, the petitioner is seeking for a direction to the
investigation officer and such a petition can never be maintained under Section
482 of Cr.P.C. The Registry is directed not to number any petition of this nature
under Section 482 of Cr.P.C. and the petitions of this nature shall be directed to
be filed only as a Writ Petition under Article 226 of Constitution of India.
5. In the result, this Criminal Original Petition is closed.
20.01.2021
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
rli
https://www.mhc.tn.gov.in/judis/
N.ANAND VENKATESH,J.
Crl.O.P.No.630 of 2021
rli
To
1. The Commissioner of Police,
Chennai City Police,
No.132, EVK Sampath Salai,
Vepery, Chennai-600 007.
2. The Deputy Commissioner of Police,
Central Crime Branch,
No.132, EVK Sampath Salai,
Vepery, Chennai-600 007.
3. State Rep. By
The Inspector of Police,
Team-VII, Fake Passport Wing,
Central Crime Branch,
No.132, EVK Sampath Salai,
Vepery, Chennai-600 007.
4. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.630 of 2021
20.01.2021
https://www.mhc.tn.gov.in/judis/
