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Madras High CourtCRL OP/8465/2025disposed of

M.Kalai Arasan v. State Rep. By

2025-03-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Kalai Rasan ... Petitioner Vs.

State rep. by The Inspector of Police PEW Chengalpattu Unit Chengalpattu District (Crime No.553 of 2023) ... Respondent PRAYER: The Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondent to investigate and file a final report in Crime No.553 of 2023 on the file of the respondent police within the stipulated period fixed by this Court. For Petitioner : Mr.D.Manojkumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent to complete the investigation and file a final report in Crime No.553 of 2023 pending on the file of the respondent police. 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 respondent police to complete the investigation in Crime No.553 of 2023 pending on his file and file a final report within a period of eight (8) weeks from the date of the receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly. 21.03.2025 Vv To

1. The Inspector of Police PEW Chengalpattu Unit Chengalpattu District 2.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Vv 21.03.2025