Thangavel v. State Rep By The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Thangavel ... Petitioner Vs.

State rep., by 1.The Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police, Sevvapet Police Station, Avadi Taluk, Thiruvallur District.

.. Respondents Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the second respondent to investigate the case in Crime No.313 of 2024 and to file a final report by altering suitable sections and thus render justice. For Petitioner : Mr. K. Gandhi Kumar For Respondents For R1 & R2 : Mr. A. Gopinath, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent to complete the investigation and to file the final report in Crime No.313 of 2024 dated 25.08.2024 pending on the file of the second respondent police.

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. 313 of 2024 pending on his file and file a final report within a period of eight weeks from the date of receipt of a copy of this Order.

5. This Criminal Original Petition is disposed of accordingly. 12.03.2025 Index : Yes/No : Yes/No AT To 1.The Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police, Sevvapet Police Station, Avadi Taluk, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

AT 12.03.2025