Muhammed Hasheer v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 7060 of 2019 Muhammed Hasheer .. Petitioner Vs

1. The Deputy Commissioner of Police, Mylapore District.

2. The Assistant Commissioner of Police, Mylapore Range, Kutcherry Road, Mylapore, Chennai.

3. The State, represented by Inspector of Police(Crime), E5, Foreshore Estate Police Station, Chennai.

(Crime No. 304 of 2018) .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to file a final report in the FIR in Crime No.304 of 2018 dated 25.08.2018 registered by the respondent police within stipulated period.

For Petitioner : Mr.K.Krishnan For Respondent : Mr.C.Raghavan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondents to complete the investigation and file a final report in Crime No. 304 of 2018 pending on the file of the third respondent police.

2.

Heard the learned counsel for the petitioner and 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 respondent police to complete the investigation in Crime No. 304 of 2018 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.

mpa/lpp Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. The Deputy Commissioner of Police, Mylapore District.

2. The Assistant Commissioner of Police, Mylapore Range, Kutcherry Road, Mylapore, Chennai.

3. The Inspector of Police(Crime), E5, Foreshore Estate Police Station, Chennai.

4.The Public Prosecutor High Court, Madras.

+1cc to Mr.K.Krishnan, Advocate,vide SR.No.24389 Crl.O.P.No. 7060 of 2019 Kak(21/04/2019)