Madras High CourtCRL OP(MD)/3020/2022disposed of

S.Somaiah v. The Inspector Of Police

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

Crl.O.P.(MD)No.3020 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.3020 of 2022 S.Somaiah ... Petitioner Vs.

The State represented by, The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.

(Crime No.03/2022) ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 1st respondent to file a final report before the learned Judicial Magistrate, Thirumayam in Crime No.03 of 2022 pending on the file of the respondent within a time frame fixed by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent to file a final report before the learned Judicial Magistrate, Thirumayam in Crime No.03 of 2022 pending on the file of the respondent.

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 respondent to complete the investigation in Crime https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3020 of 2022 No.03 of 2022 pending on the file of the respondent and file a final report within a period of twelve 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 (AE) // 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 Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.

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

Crl.O.P(MD)No.3020 of 2022 11.02.2022 RD(24.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2