S.Alagarsamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4214 of 2019 S.Alagarsamy ... Petitioner/Defacto Complainant Vs.

1. The Superintendent of Police, District Police Office, Kancheepuram District, Kancheepuram.

2. State Rep. by The Inspector of Police, Guducancherry Police Station, Guducancherry, Kancheepuram District.

(In Crime No.104 of 2018) ... Respondents/Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to file the Final Report in Crime No.104 of 2018, dated 08.02.2018 on the file of the 2nd respondent as per the direction of this Hon'ble Court in Crl.O.P.No.15841 of 2018 dated 19.06.2018 within the time stipulated as fixed by this Court. For Petitioner : Mr.S.Radhakrishnan For Respondents: Mr.C.Raghavan Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent to file the Final Report in Crime No.104 of 2018, dated 08.02.2018 on the file of the 2nd respondent as per the direction of this Hon'ble Court in Crl.O.P.No.15841 of 2018 dated 19.06.2018 within the time stipulated as fixed by this Court.

2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent. 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 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.104 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.

5.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssr/kas To

1. The Superintendent of Police, District Police Office, Kancheepuram District, Kancheepuram.

2. State Rep. by The Inspector of Police, Guducancherry Police Station, Guducancherry, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 4214 of 2019 sai[co] srg 10/04/2019