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Madras High CourtCRL OP/24411/2017ordered

Mr.O.H.M.Mirsha Khan v. The Commissioner Of Police,

2017-11-14Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.24411 of 2017 O.H.M.Mirsha Khan ... Petitioner Vs

1. The Commissioner of Police, Greater Chennai, E.V.K's Sampathsalai, Vepery, ChennaI.

2. The Inspector of Police, (Law and Order), B2-Esplanade Police Station, Chennai.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to conduct impartial investigation and file Final Report in FIR No.1072 of 2014 within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondents to complete the investigation and to file the final report in FIR No.1072 of 2014 dated 10.12.2017 pending on the file of the respondents police.

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

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

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 circumstance of the case, this Court directs the respondents police to complete the investigation in FIR No.1072 of 2014 pending on his file and file a final report within a period of four weeks from the date of receipt of a copy of this order. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nmm To

1. The Commissioner of Police, Greater Chennai, E.V.K's Sampathsalai, Vepery, ChennaI.

2. The Inspector of Police, (Law and Order), B2-Esplanade Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.I.Abdul Basith, Advocate, S.R.No.81599 Crl.O.P.No.24411 of 2017 RSI(CO) RRK(04/12/2017) https://hcservices.ecourts.gov.in/hcservices/