K.R.R.Aiyyappamani v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2401 of 2019 K.R.R.Aiyyappamani ... Petitioner Vs.

1.The Commissioner of Police Salem City 2.State Rep. by Inspector of Police Hasthampatti Police Station Salem District Cr.No.402/2018 ... Respondents Prayer:Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code to direct the 1st respondent to monitor the investigation in Crime No.402 of 2018 pending on the file of the 2nd respondent consequently direct the respondents to file Charge sheet within a reasonable time.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the first respondent to monitor the investigation in Crime No.402 of 2018 pending on the file of the 2nd respondent, consequently direct the second respondent to file Charge sheet within a reasonable time.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

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 a 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. 4.

Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.402 of 2018 pending on his file and file a final report within a period of three months from the date of the receipt of a copy of this Order.

*The 1st respondent is directed to monitor the investigation conducted by the 2nd respondent and also ensure that the final report within the stipulated time. 5.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar *Corrected as per order of this court dt.27/02/19 and made herein Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar rpl/ssr To.

1. The Commissioner of Police Salem City *To be Substituted for the order already

2. State Rep. by Inspector of Police despatched on 25/02/2019 Hasthampatti Police Station Salem District Cr.No.402/2018

3. The Public Prosecutor High Court of Madras

4. The Section Officer Criminal Section High Court of Madras +1 cc to Mr.R.Nalliyappan, Advocate, S.R.No.*18429 Crl.O.P.No.2401 of 2019 KAN(CO) SSM(21/02/2019) nr 28/02/2019