Madras High CourtCRL OP/25509/2017ordered

M.Govindasamy, M/49 Years v. The Superintendent Of Police

2017-11-23Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.25509 of 2017 M.Govindsamy ... Petitioner Vs 1.The Superintendent of Police, Salem District.

2.The Deputy Superintendent of Police, Salem District.

3.The Inspector of Police, Omalur Police Station, Salem.

(FIR NO.289 of 2016) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to file a final report in FIR.No.289 of 2016 dated 25.04.2016 against the above persons expeditious without further delay and direct them to enquire into the matter in a manner known to law.` For Petitioner :

M/s.A.M.Amutha Ganesh For Respondents:

Mr.C.Iyyappa Raj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the third respondent to complete the investigation and to file the final report in Crime No.289 of 2016 dated 25.04.2016 pending on the file of the respondent 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 under https://hcservices.ecourts.gov.in/hcservices/

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.289 of 2016 pending on his file and file a final report within a period of six weeks from the date of receipt of a copy of this order. This Criminal Original Petition is disposed of accordingly.

Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar dh/dpq To 1.The Superintendent of Police, Salem District.

2.The Deputy Superintendent of Police, Salem District.

3.The Inspector of Police, Omalur Police Station, Salem.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.A.M.Amutha Ganesh, Advocate in sr.no.83388 Crl.O.P.No.25509 of 2017 NR 11/12/2017 https://hcservices.ecourts.gov.in/hcservices/