D.Parthasarathy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11269 of 2019 D.Parthasarathy ... Petitioner Vs 1.State rep by The Commissioner of Police, Chennai City, Vepery, Chennai-600 007.

2.State represented by The Inspector of Police, Land Grabbing Cell, Team XVI Commissioner of Police Office, Vepery, Chennai-600 007.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to conduct enquiry on the First Information report No.425 of 2017 dated 30.11.2017, which was filed based on the complaint given by the petitioner, investigate the matter and file final report within the time frame.

For Petitioner : Mr.K.Subramanian For Respondents: Mr.C.Raghavan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondents police to file the final report in Crime No. 425 of 2017 pending on the file of the respondent police.

2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) 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 https://hcservices.ecourts.gov.in/hcservices/

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. 425 of 2017 pending on his file and file a final report within a period of three months from the date of the receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mpa To 1.The Commissioner of Police, Chennai City, Vepery, Chennai-600 007.

2.The Inspector of Police, Land Grabbing Cell, Team XVI Commissioner of Police Office, Vepery, Chennai-600 007.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr. K.Subramanian, Advocate SR.No. 40908 Crl.O.P.No.11269 of 2019 ln (CO) A.SK(28/06/2019) https://hcservices.ecourts.gov.in/hcservices/