Madras High CourtCRL OP/20385/2017ordered

P.Siva, M/54yrs v. The Inspector Of Police,

2017-09-22Honourable Mr Justice M.S. Ramesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.20385 of 2017 P.Siva ..

Petitioner Vs.

The Inspector of Police, Otteri Police Station, Kancheepuram District.

Chennai-600 048.

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent herein to alter the FIR, in Crime No.451 of 2016 under section 324, 447, 397,420 r/w.34 IPC and to take action against the accused persons based on the complaint lodged by the petitioner dated 20.03.3015. For Petitioner :

Mr.M.Ramkumar For Respondent :

Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

This petition is filed seeking a direction to the respondent herein to alter the FIR, in Crime No.451 of 2016 under section 324, 447, 397,420 r/w.34 IPC and to take action against the accused persons based on the complaint lodged by the petitioner dated 20.03.3015. 2.By consent of both sides, this Criminal Original Petition is taken up for final disposal.

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 154 & 155 of the Criminal Procedure Code and after conducting necessary enquiry/investigation, file charge sheet 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 the charge sheet in the present case is inordinate and unjustified. Hence, it would be appropriate to direct the Investigating Officer to file a charge sheet 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.451 of 2016, pending on his file and file a charge sheet within a period of six weeks from the date of receipt of a copy of this order, if not already. This Criminal Original Petition is disposed of accordingly. 22.09.2017 Index:Yes rm/ak

To 1.The Inspector of Police, Otteri Police Station, Kancheepuram District.

Chennai-600 048.

2.The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, rm Crl.O.P.No.20385 of 2017 22.09.2017