Madras High CourtCRL OP(MD)/2680/2020disposed of

P. Paramasivam v. The Superintendent Of Police

2020-02-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.2680 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.2680 of 2020 P.Paramasivam ... Petitioner Vs

1. The Superintendent of Police Theni, Theni District

2. The Inspector of Police District Crime Branch Theni District ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent herein to commence the investigation in Crime No. 13 of 2019 on the file of the District Crime Branch, Theni File final report without any further delay.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent herein to commence the investigation in Crime No. 13 of 2019 on the file of the District Crime Branch, Theni and to file final report without any further delay.

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 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. 13 of 2019, pending on his file and file a final report within a period of two months from the date of the receipt of a copy of this Order.

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Crl.O.P.(MD)No.2680 of 2020 5.

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

1. The Superintendent of Police Theni, Theni District

2. The Inspector of Police District Crime Branch Theni District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.APPADURAI, Advocate ( SR-6661[F] dated 17/02/2020 ) Crl.O.P.(MD)No.2680 of 2020 17.02.2020 SMA/27/02/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2