E.T.Sachithanandan v. The State Of Tamilnadu Rep. Through Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6976 of 2021 E.T.Sachithanandan S/o.P.M.Narayana Nair, No.77, Manjakollai Street, Aminjikarai, Chennai - 600 029.
... Petitioner Vs
1. The State of Tamilnadu rep. through its The Commissioner, Central Crime Branch, Office of the Commissioner of Police, Vepery, Chennai - 600 007.
2. The Assistant Commissioner, Central Crime Branch, Office of the Commissioner of Police, Vepery, Chennai - 600 007.
3. The Inspector of Police, Chennai - CCB-1, Bank Fraud Investigation Wing, Team - XII, Central Crime Branch, Officer of the Commissioner of Police, Vepery, Chennai - 600 007.
4. SAARAS Group, Through an Officer namely Madhavan Padayatchi, Having its Administrative office at 455/11, Solanki Bhuvan, Modinagar, Hatkeshware, Amraiwadi, Ahmedabad, Gujarat - 380 026.
... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent to secure the fourth respondent, one of the accused in FIR in Crime No.109 of 2020 dated 11.04.2020 registered under Section 120(b), 420 of IPC and Sections 66, 66C & 66D of Information Technology (Amendment) Act, 2008 with regard to the complaint of the petitioner in
C.No.1536/DC CCB-I/CCTNS/2020 and to proceed with the further investigation and to file final report within the time stipulated by this Court.
For Petitioner : No appearance For Respondents : Mr.A.Damodaran, Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed seeking a direction to the third respondent to secure the fourth respondent, who is arrayed as accused in Crime No.109 of 2020 dated 11.04.2020 and to complete the investigation and file the final report within a time frame.
2.
Heard the learned Government Advocate (Crl. Side) 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 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 third respondent police to complete the investigation in Crime No.109 of 2020 pending on his file and file a final report within a period of four months from the date of receipt of a copy of this Order.
5.
This Criminal Original Petition is disposed of accordingly.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rts
To
1. The Commissioner, The State of Tamilnadu Central Crime Branch, Office of the Commissioner of Police, Vepery, Chennai - 600 007.
2. The Assistant Commissioner, Central Crime Branch, Office of the Commissioner of Police, Vepery, Chennai - 600 007.
3. The Inspector of Police, Chennai - CCB-1, Bank Fraud Investigation Wing, Team - XII, Central Crime Branch, Officer of the Commissioner of Police, Vepery, Chennai - 600 007.
4. The Public Prosecutor, High Court, Madras.
Crl.O.P.No. 6976 of 2021 GPL (CO) R.K. (13.07.2021)