Madras High CourtCRL OP/26658/2017ordered

Sivakumar, @ Siva M/A 41 Years v. The State Rep By Its,

2017-12-06Honourable Mr Justice M.S. Ramesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26658 of 2017 Sivakumar @ Siva ... Petitioner Vs State by Inspector of Police, Odiyan Salai Police Station, Pondicherry.

... Respondent (Crime No.229 of 2016) Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to complete the investigation in Crime No.229 of 2016 pending on the file of the respondent police to file final report within the time frame fixed by this Hon'ble Court. For Petitioner :

Mr.R.Thamaraiselvan For Respondent :

Mr.D.Bharathachakravarthy Public Prosecutor (Pondicheery).

ORDER

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.229 of 2016 dated 12.12.2016 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 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.226 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. 06.12.2017 Index:yes/no Internet:yes/no nmm/ak To 1.The Inspector of Police, Odiyan Salai Police Station, Pondicherry.

2.The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, nmm Crl.O.P.No.26658 of 2017 06.12.2017