Southern India Cinematographers Association v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3872 OF 2022 The Southern India Cinematographer's Association, Rep. by its General Secretary, M.Ilavarasu, 18, North Usman Road, T.Nagar, Chennai - 600 017.

... Petitioner -Vs1. The State Rep. by The Inspector of Police, Central Crime Branch-I, Vepery, Chennai.

Crime No.59 of 2018

2. The Inspector of Police, R-4, Pondy Bazaar Police Station (Crime), T-Nagar, Chennai.

(R2 Suo- Motu impleaded as per order in Crl.O.P.No.3872 of 2012 dated 24.02.2022) ... Respondents PRAYER:- Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to issue a direction to the respondent police to conclude the investigation in Cr.No.59 of 2018 and file final report within a time to be fixed by this Hon'ble Court.

For Petitioner :

Mr.S.Conscious Ilango For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to issue a direction to the respondent police to conclude the investigation in Cr.No.59 of 2018 and file final report.

2. Learned Additional Public Prosecutor would submit that the case in Crime No.59 of 2018 which was pending on the file of CCB-I, Central Crime Branch, Chennai was transferred to the Inspector of Police, R4-Pondy Bazaar Police Station (crime), T.Nagar, Chennai and now, the case has been re-registered as Crime No.57 of 2022 by the 2nd respondent. He would further submit that the investigation has been completed and final report will be filed at the earliest.

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 second respondent, the Inspector of Police, R4- Pondy Bazaar Police Station (crime), T.Nagar, Chennai, to complete the investigation in Crime No.57 of 2022, pending on his file and file the final report within a period of four months from the date of the receipt of a copy of this Order.

5. Accordingly, this Criminal Original Petition is disposed of Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nr/ham

To 1.

The Inspector of Police, Central Crime Branch-I, Vepery, Chennai.

2.

The Inspector of Police, R-4, Pondy Bazaar Police Station (Crime), T-Nagar, Chennai.

3.

The Public Prosecutor, High Court, Madras.

Copy To:- The Section Officer, Criminal Section, High Court, Madras - 104.

+1cc to Mr.S.Conscious Ilango, Advocate, S.R.No.14889 CRL.O.P.NO.3872 OF 2022 NRJK(CO) PBS/11/03/2022