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Madras High CourtCRL OP/2754/2025disposed of

M.Devakumar v. The State Rep.By, The Commissioner Of Police,

2025-02-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 2754 of 2025 M.Devakumar ... Petitioner Vs.

1.The State rep. by The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The State rep. by Asst. Commissioner of Police, CCB-I, Team, Chennai - 600 007.

Crime No.272 of 2023 ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondents to investigate, enquire to recover the money in Crime No.272 of 2023 under Section 420, 120(b) IPC and 76(1) the Chit Funds Act 1982 from the accused and to file final report within a time frame. For Petitioner : Mr. K.Venkatesan

For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents to complete the investigation and to file a final report in Crime No.272 of 2023 dated 24.11.2023 pending 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.272 of 2023 pending on his file and file a final report within a period of eight (8) weeks from the date of the receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly. 04.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Asst. Commissioner of Police, CCB-I, Team, Chennai - 600 007.

Crime No.272 of 2023

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 2754 of 2025 04.02.2025