K.S.Mohan Sabari v. The State Rep By, The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.S.Mohan Sabari ....

Petitioner Vs

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

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

....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent police to investigate and file a final report in Crime No.293 of 2015 pending investigation on the file of the respondent police within a time frame that may be fixed by this Court.

For Petitioner : Mr.T.Elumalai For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents to complete the investigation and file a final report in Crime No.293 of 2015 pending on the file of the respondents 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 second respondent police to complete the investigation in Crime No.293 of 2015 pending on his file and file a final report within a period of four (4) weeks from the date of the receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly. 18.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

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

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

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp 18.02.2025