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Madras High CourtCRL OP/27996/2017ordered

Jeevanandam, M/A 54 Yrs, v. The Inspector Of Police

2018-01-19Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27996 of 2017 Jeevanandam ... Petitioner Vs Inspector of Police, R11, Royala Nagar Police Station, Chennai.

... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the case in Crime No.129 of 2016 pending on the file of the respondent to any other investigating agency in the interest of justice.

For Petitioner :

Mr.C.Rajan For Respondent :

Mrs.V.Saratha Devi Government Advocate (Crl. Side)

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. 129 of 2016 dated 24.02.2016 pending on the file of the respondent police.

2. Today, when the matter is taken up for consideration, the learned counsel for the petitioner further submitted that, though he sought for transfer investigation in Crime No. 129 of 2016 from the respondent to any other independent investigation agency, he would be satisfied if a direction is given to the respondent to complete the investigation and file a final report in Crime No.129 of 2016.

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

4. 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.

5. Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No. 129 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.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar nmm To 1.The Inspector of Police, R11, Royala Nagar Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Rajan, Advocate, SR No.4704 Crl.O.P.No.27996 of 2017 LRS(CO) rsi (03/02/2018) https://hcservices.ecourts.gov.in/hcservices/