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Madras High CourtCRL OP/5554/2025disposed of

S.Noor Mohamed v. The Commissioner Of Police, Office Of The Commissioner Of Police

2025-02-27Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Noor Mohamed ....

Petitioner Vs 1.The Commissioner of Police, Office of the Commissioner of Police, Coimbatore City, Coimbatore 641 018 2.State rep. by its Inspector of Police, C2 Race Course Police Station, Coimbatore 641 018 ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the police to the investigative of the above complaint duly lodged by the petitioner now pending in crime No.607 of 2024 on the file of Race Course Police Station, Coimbatore district and consequently to file a final report. For Petitioner : Mr.D.Ashok Kumar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the police to investigate the complaint duly lodged by the petitioner

now pending in crime No.607 of 2024 on the file of Race Course Police Station, Coimbatore district and consequently to file a final report. 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.607 of 2024 pending on his file and file a final report within

a period of four (4) months from the date of the receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly. 27.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok To 1.The Commissioner of Police, Office of the Commissioner of Police, Coimbatore City, Coimbatore 641 018 2.The Inspector of Police, C2 Race Course Police Station, Coimbatore 641 018

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

lok 27.02.2025