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Madras High CourtCRL OP/3646/2019ordered

V.Kootthayee v. The Deputy Superintendent Of Police

2019-02-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3646 of 2019 V.Kootthayee ... Petitioner Vs 1.The Deputy Superintendent of Police, Attur, Salem District.

2. The Inspector of Police, Malliyakarai Police Station Salem District ... Respondents Prayer: - Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to complete the investigation and file a final report a case in Cr.No.136 of 2018 on the file of the 2nd respondent within a stipulated period.

For Petitioner : Mr.M.Subash For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the 1st respondent to complete the investigation and file a final report in Cr.No.136 of 2018. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

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

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 respondent police to complete the investigation in Crime No.136 of 2018 pending on his file and file a final report within a period of four months from the date of the receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly.

rpl/sbn Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Attur, Salem District.

2. The Inspector of Police, Malliyakarai Police Station Salem District 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Subash, Advocate,SR.12589 Crl.O.P.No.3646 of 2019 Kak(18/03/2019) https://hcservices.ecourts.gov.in/hcservices/