Vishal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vishal (M/A.28 years), S/o.Arumugam, No. 16/48, Srinivasaperumal Koil Street, Mandavali 7th Street, Mettuma Nagar, Madhavaram, Chennai 600 060.

... Petitioner Vs.

1. The Inspector of Police, M-3, Puzhal Police Station, Chennai.

2. Munish (M/A.26 years), S/o.Ayya Kannu, No.1/44, Velanur Colony, Komputhi Post, Kizhakkarai Taluk, Ramanathapuram District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to direct the 1st respondent police to file the charge sheet in crime No.29 of 2023 dated 13.01.2023 and pass orders. For Petitioner : Mr.R.Muthu Kumar For Respondents : Mr. K.M.D.Muhilan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent to complete the investigation and to file the charge sheet in Crime No.29 of 2023 dated 13.01.2023 pending on the file of the respondent police.

2.

Heard the learned counsel appearing on either side and perused the materials placed on record.

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 173 & 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and after conducting necessary enquiry/investigation, file charge sheet under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Such investigation under Chapter XIII of the the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be completed without any unnecessary delay. The delay in filing a charge sheet in the present case is inordinate and unjustified. Hence, it would be appropriate to direct the Investigating Officer to file a charge sheet 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.29 of 2023 pending on his file and file a charge sheet within a period of eight weeks from the date of the receipt of a copy of this Order. 5.

This Criminal Original Petition is disposed of accordingly. 12.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order To

1. The Inspector of Police, M-3, Puzhal Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bsm 12.02.2025