Nakka Kalpana v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022 CORAM :

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9525 of 2022 Nakka Kalpana

...Petitioner

Vs The Deputy Superintendent of Police, EOW II, Chennai.

(Crime No.26 of 2021)

...Respondent

Prayer : Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent herein to file final report in First Information Report in Crime No.26 of 2021 on the file of the respondent.

For Petitioner :

Mr.G.Mageshkumar For Respondent :

Mr.V.Meghanathan Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed, to direct the respondent herein to file final report in First Information Report in Crime No.26 of 2021 on the file of the respondent.

2. Mr.V.Meganathan, learned Government Advocate (criminal side) appearing for the respondent would submit that the petitioner is wife of the victim. The accused "Rafoll Groups" in the guise of running financial institution, had cheated more than 1600 depositors to the tune of Rs.30 Crores. He would further submit that the investigation is going on and the respondent has to obtain statements from 1600 witnesses and also has to investigate with regard to the properties purchased by the accused. He would further submit that the investigation will take more than one year, the investigation will be completed and the final report will be filed as expeditiously as possible.

3. Heard both sides and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

4. 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. This Court is able to see that there had been a long undue delay in filing the final report in the present case and 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.

5. Considering the facts and circumstance of the case, this Court directs the respondent to complete the investigation in Crime No.26 of 2021, pending on his/her file and file a final report within a period of one year from the date of the receipt of a copy of this order.

6. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar arb To 1.The Deputy Superintendent of Police, EOW II, Chennai.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9525 of 2022 MT(CO) RVM(19/05/2022) https://hcservices.ecourts.gov.in/hcservices/