D.Vinoth Kumar vs State
2023 Latest Caselaw 12520 Mad

                                                                                      Crl.O.P.No.21050 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 14.09.2023

                                                           CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.21050 of 2023

                    1. D.Vinoth Kumar
                    2. D.Bharath Kumar                               .. Petitioners

                                                            Versus

                    State, Rep. by,
                    Inspector of Police,
                    H-8 Thiruvottiyur Police Station,
                    Chennai.
                    Crime No.985 of 2022.                            .. Respondent

                    Prayer : Criminal Original Petition filed under Section 482 of the Code of
                    Criminal Procedure, to call for the records in Crime No.985 of 2022 under
                    Section 20(1) of Cigarette and other Tobacco Products Act, 2003 r/w
                    Sections 294(b), 328, 353 and 506(1) of Indian Penal Code, 1860 pending
                    on the file of Inspector of Police, H-8 Thiruvottiyur Police Station, Chennai
                    and to quash the charges leveled against the petitioners / accused.


                                     For Petitioners      : Mr.J.Saravana Kumar

                                     For Respondent : Mr.A.Gopinath,
                                                 Government Advocate (Crl. Side)



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                                                                                   Crl.O.P.No.21050 of 2023


                                                          ORDER

This Criminal Original Petition has been filed seeking to quash the

First Information Report in Crime No.985 of 2022 on the file of first

respondent.

2. Heard Mr.J.Saravana Kumar, learned Counsel for petitioners and

Mr.A.Gopinath, learned Government Advocate (Crl. Side) for the

respondent.

3. The contentions put forward by learned Counsel appearing on

behalf of 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 Cr.P.C.

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.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.21050 of 2023

5. In the result, this Criminal Original Petition is dismissed and the

respondent Police is directed to proceed further with the investigation in the

case in accordance with law and complete the investigation and file a Final

Report or a Closure Report, as the case may be, in line with the judgment of

the Full Bench of this Court in S.Kumar v. District Collector,

Kokkirakulam, Tirunelveli District [2023 (4) CTC 113] within a period of

four weeks from the date of receipt of a copy of this order.

                                                                                          14.09.2023
                    Index       : yes/no

Speaking order/Non-speaking order Neutral Citation : yes/no grs

To

1. The Inspector of Police, H-8 Thiruvottiyur Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.21050 of 2023

N.ANAND VENKATESH, J.

grs

Crl.O.P.No.21050 of 2023

14.09.2023

https://www.mhc.tn.gov.in/judis