Madras High CourtCRL OP(MD)/3005/2022disposed of

Nirmala Devi v. The Superintendent Of Police

2022-02-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3005 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3005 of 2022 Nirmala Devi ... Petitioner/Defacto Complainant Vs.

State represented by 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Periyakulam Police Station, Theni District.

(Crime No.100 of 2021)

...Respondents

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to conduct the investigation and to file the final report in Crime No.100 of 2021 on the file of the second respondent police before the concerned Court within the time stipulated by this Court.

For Petitioner : Mr.J.Vishnu For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondents to conduct investigation and to file a final report in Crime No.100 of 2021 on the file of the second respondent police before the concerned 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3005 of 2022 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.100 of 2021 pending on the file of the second respondent and file a final report within a period of four weeks from the date of the receipt of a copy of this Order. 5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CRL.) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Periyakulam Police Station, Theni District.

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

Crl.O.P(MD)No.3005 of 2022 11.02.2022 CM(CO) SB(26.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2