Madras High CourtCRL OP/26230/2019ordered

P.Ganesan v. State By

2019-09-30Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26230 of 2019 P.Ganesan

...Petitioner

Vs State represented by, The Inspector of Police, Guduvanchery Police Circle, Guduvanchery, Kancheepuram District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to invoke its inherent powers in favour of the petitioner and direct the respondent to file a final report i.e., charge sheet against the accused having mentioned in the FIR in Crime No.39 of 2016 before the Competent Judicial Magistrate.

For Petitioner : Mr.T.S.N.Prabhakaran For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking to invoke its inherent powers in favour of the petitioner and direct the respondent to file a final report i.e., charge sheet against the accused having mentioned in the FIR in Crime No.39 of 2016 before the Competent Judicial Magistrate.

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

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. 39 of 2016, pending on his file and file a final report, within a period of 4 weeks from the date of receipt of a copy of this order.

5. This Criminal Original Petition is ordered accordingly. hvk/vkr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Guduvanchery Police Circle, Guduvanchery, Kancheepuram District.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.26230 of 2019 Kak(21/10/2019) https://hcservices.ecourts.gov.in/hcservices/