M/S. Pavilion Commercial Private Limited v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.06.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos. 7011,7015,7019,7023 of 2020 1.Pavillion Commercial Private Limited Represented by its Director and authorised Signatory, Mr.A.Sundararaju, Having its Registered Office at Ground Floor, 196, Canal Street, Near Sreebhumi Sporting club, Lake Town, Kolkata - 700 048.
.. Petitioner in Crl.O.P.No.7011/2020 2.Thyrocare Hospitals Ltd., Represented by its Director and authorised Signatory, Mr.A.Sundararaju, Having its Registered Office at Tanushree Heights, Flat No.601, 6th Floor, Plot No.34, Sector 42A Neerul, Navi Mumbai - 400 706, Maharashtra.
.. Petitioner in Crl.O.P.No.7019/2020 3.Sumathi Healthcare (P) Ltd., Earlier known as Sumathi Construction Private Limited, Represented by its Director and authorised Signatory, Mr.A.Sundararaju, Having its Registered Office at Ground Floor, 196, Canal Street, Near Sreebhumi Sporting club, Lake Town, Kolkata - 700 048.
.. Petitioner in Crl.O.P.No.7023/2020
4. Mahime Advertising LLP, Represented by its Designated Partner and authorised Signatory Mr.A.Sundararaju, Having its Registered Office at B-3/3/1:4, Sector - 2, 1st Floor, Behind Perfect Driving School, Opposite Bombay Mercantile Bank, Vashi, Navi Mumbai - 400 703, Maharashtra.
... Petitioner in Crl.O.P.No.7015/2020 Vs
1. The Inspector of Police, Chettipalayam Police Station, Coimbatore - 642 201.
... Respondents in 7011 & 7019/2020
2. The Inspector of Police, Negamam Police Station, Coimbatore - 642 120.
... Respondents in 7023/2020
3. The Inspector of Police, Madukkarai Police Station Coimbatore - 641 105.
... Respondents in 7015/2020
4. The State of Tamil Nadu Represented by the Superintendent of police (Rural) State Bank Road, Coimbatore - 641 018.
..1st Respondent in all crl.O.P's
5. The Inspector of police, District Crime Branch, Coimbatore - 641 201.
..3rd Respondent in all Crl. O.P's Common Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct a proper, speedy and impartial investigation by the present investigating Officer in Crime No.5 of 2018 on the file of the 3rd respondent under the supervision of the 1st respondent and file the final report.
In all Crl.O.P's For Petitioners : Mr.Sundar Narayan For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.
ORDER
These Criminal Original Petition have been filed seeking a direction to conduct a proper, speedy and impartial investigation by the present investigating Officer in Crime No.5 of 2018 on the file of the respondents under the supervision of the Superintendent of police, Coimbatore and file the final report.
2.
Heard the learned counsel for the petitioners 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 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.5 of 2018 pending on his file and file a final report within a period of four months from the date of the receipt of a copy of this Order.
5.
These Criminal Original Petitions are disposed of accordingly.
-s/d- Assistant Registrar(Co-Mdu) True Copy Sub-Assistant Registrar smn To
1. The Inspector of Police, Chettipalayam Police Station, Coimbatore - 642 201.
2. The Inspector of Police, Negamam Police Station, Coimbatore - 642 120.
3. The Inspector of Police, Madukkarai Police Station Coimbatore - 641 105.
4. The Superintendent of Police(Rural) State Bank Road, Coimbatore - 641 018.
5. The Inspector of police, District Crime Branch, Coimbatore - 641 201.
6. The Public Prosecutor, High Court, Madras.
Crl.O.P.Nos. 7011,7019, 7023 and 7015 of 2020 CA(CO) RMP(13/07/2020)