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Madras High CourtCRL OP/3646/2017disposed of

P.Muthusamy, Aged 58 Years, v. State By

2017-07-25Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.07.2017 Coram:

The Hon'ble Mr.Justice M.S.RAMESH Crl.O.P.No.3646 of 2017 P.Muthusamy

...Petitioner/Defacto-complainant

Vs.

State by 1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, Malayampalayam Police Station, Malayampalayam, Erode District.

(Cr.No.155 of 2016) 3.The Inspector of Police, District Crime Branch, O/o.Superintendent of Police, Erode, Erode District.

...Respondents

Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to transfer the investigation in Cr.No.155 of 2016 on the file of the Inspector of Police, Malayampalayam Police Station, Malayampalayam, Erode District, the 2nd respondent herein to the file of the Inspector of Police, District Crime Branch, O/o.Superintendent of Police, Erode, Erode District, the 3rd respondent herein.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.P.Govindarajan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to transfer the investigation in Cr.No.155 of 2016 on the file of the Inspector of Police, Malayampalayam Police Station, Malayampalayam, Erode District, the 2nd respondent herein to the file of the Inspector of Police, District Crime Branch, O/o. Superintendent of Police, Erode, Erode District, the 3rd respondent herein.

2. Though the petitioner has sought for the relief of transferring the investigation, the only grievance of the petitioner is to direct the respondent is to expedite the investigation and to file a final report.

3. Heard the learned Additional Public Prosecutor appearing on behalf of the respondent.

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.

5.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.155 of 2016 pending on his file and file a final report within a period of four weeks from the date of receipt of a copy of this order. This Criminal Original Petition is disposed of accordingly. 25.07.2017 Index : Yes/No Internet : Yes/No ggs To 1.The Superintendent of Police, Erode District, Erode. 2.The Inspector of Police, Malayampalayam Police Station, Malayampalayam, Erode District.

3.The Inspector of Police, District Crime Branch, O/o.Superintendent of Police, Erode, Erode District. 4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

ggs Crl.O.P.No.3646 of 2017 25.07.2017