P.Justin Raj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14061 of 2020 P.Justin Raj, S/o.M.Ponnumani, No.28, Nehru High Road, BV Nagar, Nanganallur, Chennai-600 061.

... Petitioner Vs.

The State represented by The Inspector of Police, The Central Crime Branch, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai-600 007.

(Ref Crime No.47 of 2019 dated 02.03.2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to complete the investigation in Crime No.47 of 2019 dated 02.03.2019 within a time frame and file final report before the Judicial Magistrate, Alandur. For Petitioner : Mr.C.Arun Kumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent to complete the investigation and to file the final report in Crime No.47 of 2019 dated 02.03.2019 pending on the file of the respondent police. 2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. https://hcservices.ecourts.gov.in/hcservices/

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 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.47 of 2019 pending on his file and file a final report before the Judicial Magistrate, Alandur within a period of sixteen weeks 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-III) //True Copy// Sub Assistant Registrar Mpa To 1.The Judicial Magistrate, Alandur, Chennai.

2.The Inspector of Police, The Central Crime Branch, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai-600 007.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14061 of 2020 GP(CO) GN(28/10/2020) https://hcservices.ecourts.gov.in/hcservices/