← Library
Madras High CourtCRL OP/21935/2017ordered

Kumarasamy, Aged 56 Years v. State Rep.By

2017-10-13Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.21935 of 2017 Kumarasamy ..

Petitioner Vs.

1.State:rep by The Inspector of Police, Gangavalli Police Station, Salem District.

2.Manivel 3.Sabapathi 4.Jeganathan 5.Periyakka ..

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to investigate the complaint dated 08.06.2017 registered as FIR in Crime No.129 of 2017 on the file of the respondent and to file the final report under section 173 of Cr.P.C before the appropriate court in accordance with law within a time stipulated. For Petitioner :

Mr.G.Punniakoti For Respondents :

Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

This petition is filed seeking a direction to the 1st respondent to investigate the complaint dated 08.06.2017 registered as FIR in Crime No.129 of 2017 on the file of the respondent and to file the final report within the stipulated time.

2.By consent of both sides, this Criminal Original Petition is taken up for final disposal.

3.3.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 circumstances of the case, this Court directs the respondent police to complete the investigation in Crime.No.129 of 2017, pending on his file and file a final report as expeditiously as possible. This Criminal Original Petition is disposed of accordingly. Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, Gangavalli Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Punniakotti, Advocate SR.No.73976 Crl.O.P.No.21935 of 2017 SDR 01.11.2017

13.10.2017 (CO) SDR