Kalpana v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6048 of 2019 Mrs.Kalpana, .. Petitioner / Defacto complainant Vs.

1. The Commissioner of Police, Coimbatore City, Coimbatore-1.

2. The State by Inspector of Police, All Women Police Station, Coimbatore Town.

(FIR.No.5 of 2017) .. Respondents / Respondents Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, directing the 2nd respondent to file final report for the offences under Sections 498 A of IPC in connection with Crime No.5 of 2017 on the file of the 2nd respondent.

For Petitioner : Mr.I.Abrar Md.Abdullah For Respondents : Mr.C.Raghavan, Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent to complete the investigation and to file the final report in Crime No.5 of 2017, pending on the file of the 2nd respondent police.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 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 https://hcservices.ecourts.gov.in/hcservices/

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 respondent police to complete the investigation in Crime No.5 of 2017, pending on his file and 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 (CCC) //True Copy// Sub Assistant Registrar rm To

1. The Commissioner of Police, Coimbatore City, Coimbatore-1.

2. The State by Inspector of Police, All Women Police Station, Coimbatore Town.

(FIR.No.5 of 2017)

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6048 of 2019 CA(CO) SSM(03/04/2019) https://hcservices.ecourts.gov.in/hcservices/