D.Malarkothai v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.29031 of 2019 D.Malarkothai

...Petitioner

Vs 1.The Commissioner of Police, No.132, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai - 600 007.

2.The Inspector of Police (Crime), J 11 Kannagi Nagar Police Station, Thoraipakkam, Chennai - 600 097.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to directing the 2nd respondent to complete the investigation in the Cr.No.475/2013 pending on his file and file a final report under Section 173 of Cr.P.C.

For Petitioner : Mr.S.Kathiravan For Respondents: Ms.Sarathadevi Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to direct the 2nd respondent to complete the investigation in Cr.No.475/2013 and file a final report.

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 any unnecessary delay. The delay in filing a final report in the https://hcservices.ecourts.gov.in/hcservices/

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 2nd respondent police to complete the investigation in Cr.No.475/2013, 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. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar jas/hvk To 1.The Commissioner of Police, No.132, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai - 600 007.

2.The Inspector of Police (Crime), J 11 Kannagi Nagar Police Station, Thoraipakkam, Chennai - 600 097.

3.The Public Prosecutor, High Court of Madras.

+3cc to Mr. S.Kathiravan, Advocate, S.R.No. 90077 Crl.O.P.No.29031 of 2019 BR (CO) GN(02/12/2019) https://hcservices.ecourts.gov.in/hcservices/