Madras High CourtCRL OP/23323/2021disposed of

S.Palani v. The Superintendent Of Police

2022-02-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2022

CORAM:

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.23323 OF 2021 S.Palani, S/o.Somasundaram

...Petitioner

Vs.

1.The Superintendent of Police, District Crime Branch, Chengalpattu District.

2.The Inspector of Police, District Crime Branch, Chengalpattu District.

3.The Inspector of Police, E-9 Thalambur Police Station, Chengalpattu District.

Crime No.71 of 2021

...Respondents

PRAYER : Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Superintendent of Police, District Crime Branch, Chengalpattu to conduct a fair and thorough investigation and file final report in Crime No.71 of 2021 from the file of the Inspector of Police, E-9 Thalambur Police Station, Chennai.

For Petitioner :

Mr.C.P.Palanichamy For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the first respondent viz., Superintendent of Police, District Crime Branch, Chengalpattu to conduct a fair and thorough investigation and to file a final report in Crime No.71 of 2021 from the file of the third respondent police station.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

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 the Criminal Procedure Code. 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 circumstances of the case, this Court directs the first respondent Superintendent of police to complete the investigation in Crime No.71 of 2021 and file a final report within a period of four months from the date of the receipt of a copy of this Order.

5. This Criminal Original Petition is disposed of accordingly.

Sd/- Deputy Registrar (CS) // True Copy // Sub Assistant Registrar arb/nst To 1.The Superintendent of Police, District Crime Branch, Chengalpattu District.

2.The Inspector of Police, District Crime Branch, Chengalpattu District.

3.The Inspector of Police, E-9 Thalambur Police Station, Chengalpattu District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.Madhumathi, Advocate Sr.No.8819 CRL.O.P.No.23323 of 2021 KG(CO) RVM(25/02/2022) https://hcservices.ecourts.gov.in/hcservices/