Madras High CourtCRL OP(MD)/388/2020disposed of

Kumarabala v. The Inspector Of Police

2020-01-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.388 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.388 of 2020 Kumara Bala ... Petitioner Vs The Inspector of Police Srivaikundam Police Station Thoothukudi District ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to file the charge sheet in Crime No.185 of 2018 pending on his file before the learned Judicial Magistrate, Srivaikundam, Thoothukudi District as expeditiously as possible and further direct the said learned Judicial Magistrate, Srivaikundam, Thoothukudi District to complete the trial and dispose of the same within a time frame as fixed by this Honourable Court. For Petitioner : Mr.Dhilipan Pandian for Mr. S.Elumalai For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent to file final report in Crime No.185 of 2018 pending on his file before the learned Judicial Magistrate, Srivaikundam, Thoothukudi District as expeditiously as possible and further direct the said learned Judicial Magistrate, Srivaikundam, Thoothukudi District to complete the trial and dispose of the same within a time frame as fixed by this Honourable Court. 2.The learned counsel for the petitioner would submit that the petitioner is a engineering graduate and due to the pendency of this case he is unable to get employment and thereby seeks direction to the trial court to complete the trial as expeditiously as posssible.

3. Heard the learned Additional Public Prosecutor for the respondent.

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

Crl.O.P.(MD)No.388 of 2020 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.

5.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No. 185 of 2018, pending on his file and file a final report within a period of one month from the date of the receipt of a copy of this Order. Further the learned Magistrate is directed to complete the trial proceedings preferably within a period of four months from the date of taking cognizance of the final report. 5.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate, Srivaikundam, Thoothukudi District

2. The Chief Judicial Magistrate, Thoothukudi. 3.The Inspector of Police Srivaikundam Police Station Thoothukudi District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.ELUMALAI, Advocate ( SR-1556[F] dated 10/01/2020 ) Crl.O.P.(MD)No.388 of 2020 10.01.2020 NS(CO) TR(22.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2