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Madras High CourtCRL OP/4227/2020disposed of

M.Elumalai v. The State Rep By

2020-03-06Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4227 of 2020 M.Elumalai

...Petitioner/Defacto Complainant

Vs 1.The State represented by The Superintendent of Police, Tiruvannamalai Taluk, Tiruvannamalai District.

2.The State represented by The Deputy Superintendent of Police, District Crime Branch, District Police Station, Tiruvannamalai District - 606604.

3.The State represented by, The Inspector of Police, The District Crime Branch, Tiruvannamalai Taluk, Tiruvannamalai District.

...Respondents1-3

4.Chinnathai Ammal 5.Samboornam 6.Rajaram 7.Elumalai 8.Raman 9.M.S.Kumar

...Respondents 4-9/Accused

Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 to 3 herein to submit the report and to file a charge sheet against the respondents 4 to 9 herein in Crime No.6 of 2017, dated 24.03.2017 given by the petitioner herein.

For Petitioner : Mr.N.Kumar Rajan For R1 to R3 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 herein to submit the report and to file a charge sheet against the respondents 4 to 9 herein in Crime No.6 of 2017, dated 24.03.2017, pending on the file of the respondents 1 to 3.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent 1 to 3. 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 circumstances of the case, this Court directs the respondents 1 to 3 to complete the investigation in Crime No.6 of 2017 pending on their file and file a final report within a period of twelve weeks from the date of the receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dua

To 1.The Superintendent of Police, Tiruvannamalai Taluk, Tiruvannamalai District.

2.The Deputy Superintendent of Police, District Crime Branch, District Police Station, Tiruvannamalai District - 606604.

3.The Inspector of Police, The District Crime Branch, Tiruvannamalai Taluk, Tiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Kumar Rajan, Advocate, S.R.No.19948 Crl.O.P.No. 4227 of 2020 PP(CO) RN(01/06/2020)