K.Gandhi v. State Rep.By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Gandhi, M/41 Years, S/o. Karunanithi, No.3/325, Jaliyur, Regadahalli Post, Pappireddipatti Village, Dharmapuri District.

... Petitioner/defacto Complainant Vs.

State Rep By:

The Inspector of Police, District Crime Branch, Dharmapuri, Dharmapuri District.

(Crime No.l of 2022) .

... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to direct the Respondent police to file a final report in respect of the Crime No.1 of 2022 and pass orders. For Petitioner : Mr.A.Saranraj For Respondent : 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 final report in Crime No.1 of 2022 dated 26.03.2022 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 final report 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 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.1 of 2022 pending on his file and file a final report within a period of two months 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, District Crime Branch, Dharmapuri, Dharmapuri District.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bsm 12.02.2025