Madras High CourtCRL OP/3754/2017dismissed

P.Jayaseelan, Aged 41 Years, v. State Rep. By

2020-07-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.3754 of 2017 P.Jayaseelan ... Petitioner Vs.

State represented by The Inspector of Police, District Crime Branch, Vellore District.

(Crime No.56 of 2011) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent to file charge sheet before the Judicial Magistrate, Vellore in Crime No.56 of 2011 on the file of the respondent herein.

For Petitioner : No appearance For Respondent : Mr.K.Prabakar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent to complete the investigation and to file charge sheet in Crime No.56 of 2011, pending on the file of the respondent police.

2. Heard Mr.K.Prabakar, learned Additional Public Prosecutor appearing for the respondent. There is no representation on behalf of the petitioner.

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 1/2 https://hcservices.ecourts.gov.in/hcservices/

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.56 of 2011 pending on his file and file a charge sheet within a period of one week from the date of the receipt of a copy of this Order.

5. This Criminal Original Petition stands disposed of accordingly.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar arb To

1. The Inspector of Police, District Crime Branch, Vellore District.

2.The Judicial Magistrate VEllore 3.The Chief Judicial Magistrate Vellore

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.3754 of 2017 spd(co) aa09/09/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/