← Library
Madras High CourtCRL OP/3891/2019ordered

Samarnath v. The State Rep By Its,

2019-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3891 of 2019 S.Amarnath ... Petitioner Vs The Inspector of Police, J-2, Adyar Traffic Investigation Wing, Chennai Crime No.357 of 2017 ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to file a final report in Crime No.357 of 2017 before the learned Metropolitan Magistrate No14, Saidapet within the time stipulated.

For Petitioner : Mr.C.Indhumathi For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent police to file a final report in Crime No.357 of 2017, before the learned Metropolitan Magistrate No14, Saidapet, Chennai.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 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 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.357 of 2017 pending on his file and https://hcservices.ecourts.gov.in/hcservices/

file a final report within a period of three months from the date of the receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rpl/ssr To 1.The Inspector of Police, J-2, Adyar Traffic Investigation Wing, Chennai 2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Indumathi, Advocate, S.R.No.13138 Crl.O.P.No.3891 of 2019 rrs 18/03/2019 https://hcservices.ecourts.gov.in/hcservices/