D.Logeswari v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5517 of 2022 D.Logeswari

...Petitioner

Vs.

The Inspector of Police, Madhavaram Police Station, Madhavaram, Chennai 95.

...Respondent

PRAYER: The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondent to file a charge sheet in FIR No.540 of 2017 within a time frame that may be fixed by this Court. For Petitioner : M/S.Achari and Antoni Associates For Respondent : Mr.V.Meganathan, Government Advocate (criminal side)

O R D E R

The Criminal Original Petition has been filed seeking for a direction to the respondent to file a charge sheet in FIR No.540 of 2017 within a time frame that may be fixed by this Court.

2. Mr.V.Meganathan, learned Government Advocate (criminal side) appearing for the respondent would submit that based on the complaint given by the petitioner, a case has been registered in FIR No.540 of 2017. The respondent is ready to file the charge sheet before the concerned Jurisdictional Court.

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

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.This Court took note of the fact that investigation in this case is pending for the past 5 years. Therefore, this Court is of the opinion, direction may be issued to the respondent police to file the charge sheet as expeditiously as possible. Accordingly, this Court directs the respondent police to file the charge sheet in FIR No.540 of 2017 within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar shk/sai To

1. The Inspector of Police, Madhavaram Police Station, Madhavaram, Chennai 95.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.5517 of 2022 PMK (CO) PR (23/03/2022) https://hcservices.ecourts.gov.in/hcservices/