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Madras High CourtCRL OP/3324/2018ordered

B.Balakrishnan v. The Inspector Of Police

2018-02-06Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.3324 of 2018 B.Balkrishnan ... Petitioner Vs 1.The Inspector of Police, P-6, Kodungaiyur Ps, Chennai-118.

(Cr.No.945 of 2015) 2.The Assistant Commissioner of Police, MKB Nagar Sub Division, Pulianthope Police District, MKB Nagar, Chennai.

3.The Inspector of Police, Team-XVI(Team 16th), Land grabbing cell, Central Crime Branch, Office of the Commissioner of Police, Greater Chennai City Police, Vepery, Chennai-7 (CCB.Cr.No.230/2013) 4.The Dy. Commissioner of Police, Pullianthope Police District, Chennai.

5.The Dy. Commissioner of Police, Land Grabbing cell, CCB Office of the Commissioner of Police, Greater Chennai City Police, Vepery, Chennai-7.

6.The Commissioner of Police, Greater Chennai City, Vepery, Chennai-7.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent police the Inspector of Police (L&O), P6 Kodungaiyur Ps, Chennai to investigate and to file final report in Cr.No.945 of 2015 on their file within

stipulated time.

For Petitioner :

Mr.T.Jaishankar For Respondent :

Mr.C.Raghavan Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent to complete the investigation and to file the final report in Crime No. 945 of 2015 dated 21.07.2015 pending on the file of the respondent police. 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 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. 945 of 2015 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. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar nmm

To 1.The Inspector of Police, P-6, Kodungaiyur Ps, Chennai-118.

(Cr.No.945 of 2015) 2.The Assistant Commissioner of Police, MKB Nagar Sub Division, Pulianthope Police District, MKB Nagar, Chennai.

3.The Inspector of Police, Team-XVI(Team 16th), Land grabbing cell, Central Crime Branch, Office of the Commissioner of Police, Greater Chennai City Police, Vepery, Chennai-7 (CCB.Cr.No.230/2013) 4.The Dy. Commissioner of Police, Pullianthope Police District, Chennai.

5.The Dy. Commissioner of Police, Land Grabbing cell, CCB Office of the Commissioner of Police, Greater Chennai City Police, Vepery, Chennai-7.

6.The Commissioner of Police, Greater Chennai City, Vepery, Chennai-7.

7.The Public Prosecutor, High Court, Madras.

+2cc to Mr.T.KUMAR, Advocate, S.R.No. 9658 Crl.O.P.No.3324 of 2018 NRI(CO) TR(20/02/2018)