S.Asaithambi v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Asaithambi ....

Petitioner Vs 1.The Commissioner of Police, Avadi Police Commissionarate, Avadi, Chennai-54 2.The State Represented by Inspector of Police, T-5, Thiruverkadu Police Station, Chennai ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent police to file a final report in crime No.627 of 2023 on the file of the T-5 Thiruverkadu Police Station, before the Court within a stipulated time fixed by this Court.

For Petitioner : Mr.L.K.Charles Alexander For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to direct the respondent police to file a final report in crime No.627 of 2023 on the

file of T-5 Thiruverkadu Police Station, before the Court within a stipulated time fixed by this Court.

2.

Heard the learned counsel appearing on either side and perused the materials placed on record.

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 173 & 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and after conducting necessary enquiry/investigation, file final report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Such investigation under Chapter XIII of the the Bharatiya Nagarik Suraksha Sanhita, 2023 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 second respondent police to complete the investigation

in crime No.627 of 2023 pending on his file and file a final report within a period of twelve (12) weeks from the date of receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly. 28.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok To 1.The Commissioner of Police, Avadi Police Commissionarate, Avadi, Chennai-54 2.The State Represented by Inspector of Police, T-5, Thiruverkadu Police Station, Chennai

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.9397 of 2025 28.03.2025