Badmanaban v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5818 of 2020 Badmanaban ... Petitioner Vs The State rep. by The Inspector of Police, Adhiyaman Kottai Police Station, Dharmapuri District.

... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to file final report for the offences under Sections 465, 466, 468, 471 IPC @ 120 (B), 259, 260, 465, 466, 468, 471, 420 of IPC and r/w 109 of IPC in connection with Crime No.355 of 2019 on the file of the respondent herein.

For Petitioner : Mr.V.Sakkarapani For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent to file final report for the offences under Sections 465, 466, 468, 471 IPC @ 120 (B), 259, 260, 465, 466, 468, 471, 420 of IPC and r/w 109 of IPC in connection with Crime No.355 of 2019 on the file of the respondent herein.

2.

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

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 circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.355 of 2019 and file a final report as expeditiously as possible from the date of receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tta To 1.The Inspector of Police, Adhiyaman Kottai Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Sakkarapani, Advocate SR.22840 Crl.O.P.No.5818 of 2020 KS(CO) CB(01/07/2020) https://hcservices.ecourts.gov.in/hcservices/