K.M.Krishnan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.28629 of 2017 K.M.Krishnan ... Petitioner Vs

1. The Commissioner of Police, Greater Chennai,Vepery, Chennai- 7.

2. State rep. by its Inspector of Police, Central Crime Branch, Team-V, Forgery Wing, Vepery, Chennai-7 (Crime No. 158 of 2015) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. directing the respondent police to expedite the investigation in Crime No. 158 of 2015 on the file of the second respondent police and file the final report within a stipulated time period.

For Petitioner : Mr.S.Sathish For Respondent :

Mr.C.Iyyapparaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent police to expedite the investigation in Crime No. 158 of 2015 on the file of the second respondent police and file the final report within a stipulated time period.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

3. It is seen that the petitioner is neither the complainant nor the accused in the complaint. However, the prayer sought for by the petitioner herein can be considered by taking note of the fact that the complaint made in the year https://hcservices.ecourts.gov.in/hcservices/

2015, has not been completed and the final report has not been filed till date.

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 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.

5.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No. 158 of 2015 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/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar aav To

1. The Commissioner of Police, Greater Chennai,Vepery, Chennai- 7.

2. The Inspector of Police, Central Crime Branch, Team-V, Forgery Wing, Vepery, Chennai-7 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sathish, Advocate sr.no.91665 Crl.O.P.No.28629 of 2017 nr 08/01/2018 https://hcservices.ecourts.gov.in/hcservices/