Varatharajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3822 of 2022 Varatharajan

...Petitioner

Vs State, represented by

1. The Inspector of Police, CCIW-CID, Coimbatore.

2. The Deputy Registrar of Co-operative Societies, Coimbatore Region, Coimbatore.

...Respondents

Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to complete the investigation and file final or closure report in Crime No.1 of 2020 within a time frame that may be fixed by this Hon'ble Court. For Petitioner : Mr.H.Rajasekar For Respondents: Mr.V.Meganathan, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the first respondent to complete the investigation and file final or closure report in Crime No.1 of 2020 within a time frame.

2.Learned counsel for the petitioner would submit that the accused was holding the Post of Honarary President Post of Velandipalayam Urban Co-operative Credit Society, Coimbatore District. On a false complaint given by the second respondent, the petitioner has been implicated in this case, for the past two years there is no progress in the investigation and in light of the speedy trial and constitutional guarantee, the present petition has been filed.

3.Heard the learned counsel for the petitioner, the learned Government Advocate (crl.side) and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

4.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. 5.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.1 of 2020, pending on the file of first respondent and file a final report as expeditiously as possible preferably within a period of six months from the date of the receipt of a copy of this Order.

6.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar shk/sai To

1. The Inspector of Police, CCIW-CID, Coimbatore.

2. The Deputy Registrar of Co-operative Societies, Coimbatore Region, Coimbatore.

3. The Public Prosecutor, Madras High Court, Madras.

+1cc to M/s.H.Rajasekar, Advocate, S.R.No.11346 Crl.O.P.No.3822 of 2022 SRA(CO) RGA(11/03/2022) https://hcservices.ecourts.gov.in/hcservices/