Madras High CourtCRL OP(MD)/1746/2020disposed of

V. Chinnasamy v. The Deputy Commissioner Of Police

2020-02-03Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.1746 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.1746 of 2020 V.Chinnasamy ... Petitioner Vs

1. The Deputy Commissioner of Police Madurai City, Madurai

2. The Inspector of Police K.Pudur Police Station Maduri City

3. Shanthi

4. Prasanna ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first and second respondents to complete the investigation and file the charge sheet before the Judicial Magistrate,Madurai who is competent to take cognizance of the case in Crime No. 856 of 2019 pending on the file of the second respondent police.

For Petitioner : Mr.S.Sivakumar For Respondent : Mr.S.Chandrasekar No.1 and 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the first and second respondents to complete the investigation and file the charge sheet before the learned Judicial Magistrate who is competent to take cognizance of the case in Crime No. 856 of 2019 pending on the file of the second respondent police.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1746 of 2020 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 second respondent police to complete the investigation in Crime No. 856 of 2019 , pending on his file and file a final report within a period of three months from the date of the receipt of a copy of this Order.

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

1. The Deputy Commissioner of Police Madurai City, Madurai

2. The Inspector of Police K.Pudur Police Station Maduri City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-4456[F] dated 03/02/2020 ) Crl.O.P.(MD)No.1746 of 2020 03.02.2020 KK/SAR/17.02.2020/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2