T.Vasudevan, v. The State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2018
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.3115 of 2018 T.Vasudevan ... Petitioner Vs
1. The State Rep. by Superintendent of Police, Cuddalore District.
2. The State Rep by Inspector of Police, Ramanatham Police Station, Cuddalore District.
... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to transfer the entire investigation pertaining to Crime in FIR No.231 of 2016 dated 07.08.2016 pending on the file of the second respondent police to the Inspector, CBCID/Crime Investigation Department or District Crime Branch or any other Independent agency. For Petitioner :
Mr.Ma.P.Thangavel For Respondents :
Mrs.Kritika Kamal.P Government Advocate (Crl. Side)
ORDER
The ground on which transfer of the investigation is sought for is that there is no reasonable progress in the investigation. In my view, such a ground may not be appropriate to transfer the investigation. On the other hand, if the respondents are directed to complete the investigation within the stipulated time and file a final report, the interest of justice would be met.
2.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 154 & 155 of the Criminal Procedure Code and after https://hcservices.ecourts.gov.in/hcservices/
conducting necessary enquiry/investigation, file final report under Section 173 of Cr.P.C. Such investigation under Chapter XII of the Criminal Procedure Code 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.
3. Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.231 of 2016 pending on the file of the second respondent and file a final report within a period of six weeks from the date of receipt of a copy of this order. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar dh To
1. The Superintendent of Police, Cuddalore District.
2. The Inspector of Police, Ramanatham Police Station, Cuddalore District.
3. The Public Prosecutor, High Court, Madras.
+1 cc to Mr.Ma.P.Thangavel Advocate sr 12435 Crl.O.P.No.3115 of 2018 pvs(co) aa01/03/2018 https://hcservices.ecourts.gov.in/hcservices/