Madras High CourtCRL OP(MD)/1293/2020disposed of

Senthil Kumar v. The Commissioner Of Police

2020-01-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.1293 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.1293 of 2020 Senthilkumar ... Petitioner Vs 1.State Rep.by The Commissioner of Police Madurai City, Madurai.

2. The Sub Inspector of Police South Gate Police Station Madurai Town and District.

(Cr.No.306 of 2017) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to direct the second respondent to enquire the case and expeditiously file a final report in Crime No.306 of 2017 on the file of the second respondent based on the order of the learned Judicial Magistrate No.IV, Madurai in Cr.M.P.No.6757 of 2018 dated 14.12.2018 within the stipulated time limit as fixed by this Court.

For Petitioner : Mr.A.Prasanna Rajadurai for Mr.S.Muthalraj For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent to enquire the case and expeditiously file a final report in Crime No.306 of 2017 on the file of the second respondent based on the order of the learned Judicial Magistrate No.IV, Madurai in Cr.M.P.No.6757 of 2018 dated 14.12.2018 within the stipulated time limit as fixed by this Court. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 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 https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.1293 of 2020 time, if not already filed.

4.Considering the facts and circumstance of the case, this Court directs the second respondent police to complete the investigation in Crime No. 306 of 2017, 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.

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

1. The Commissioner of Police Madurai City, Madurai.

2. The Sub Inspector of Police South Gate Police Station Madurai Town and District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-3315[F] Crl.O.P.(MD)No.1293 of 2020 28.01.2020 sma/12/02/2020/2p/5c https://hcservices.ecourts.gov.in/hcservices/ 2/2