Sharan v. State Rep. By Its The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sharan ....

Petitioner Vs 1.State rep. by its The Superintendent of Police, Salem District, Salem 2.State Rep by its The Inspector of Police, Salem Town Police Station, Salem City (Cr.No.33 of 2024) ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the first respondent to monitor the investigation and to file the final report in respect of crime No.33 of 2024 on the file of the second respondent. For Petitioner : Mr.T.Shanmugam For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the first respondent to monitor the investigation and to file the final report in respect of crime No.33 of 2024 on the file of the second

respondent.

2.

Heard the learned counsel appearing on either side and perused the materials placed on record.

3.

Whenever any information in relation to commission of cognizable or non cognizable offence is received, the police officer shall adhere to the procedure contemplated under Sections 173 & 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and after conducting necessary enquiry/investigation, file final report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Such investigation under Chapter XIII of the the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be completed without any unnecessary delay. The delay in filing a final report in the present case is inordinate and unjustified. Hence, it would be appropriate to direct the Investigating Officer to file a final report within a stipulated time, if not already filed.

4.

Considering the facts and circumstance of the case, this Court directs the second respondent police to complete the investigation in crime No.33 of 2024 pending on his file and file a final report within a period of twelve (12) weeks from the date of receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly.

17.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok To 1.The Superintendent of Police, Salem District, Salem 2.The Inspector of Police, Salem Town Police Station, Salem City

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.7624 of 2025 17.03.2025