Madras High CourtCRL OP(MD)/4084/2022disposed of

Chandraraj v. The Superintendent Of Police

2022-03-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4084 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4084 of 2022 Chandraraj ... Petitioner / Defacto Complainant Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi, Thoothukudi District.

2. State through represented by The Inspector of Police, Anti Land Grabbing D.C.B Special Cell, Thoothukudi District.

(Cr.No. 7 of 2021) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to give necessary direction to the 2nd respondent to complete the investigation in Crime No.7 of 2021 and to file final report within the period stipulated by this Hon'ble High Court.

For Petitioner : Mr.N.Pandi Velrajan For Respondents : Mr.R.M.Anbunithi No. 1 & 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the 1st respondent to give necessary direction to the 2nd respondent to complete the investigation in Crime No.7 of 2021 and to file final report within the period stipulated by this Hon'ble High 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4084 of 2022 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. 7 of 2021 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. Further the petitioner shall appear before the trial Court on all hearing dates without fail and cooperate for trial. 5.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (Crl side) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi, Thoothukudi District.

2. The Inspector of Police, Anti Land Grabbing D.C.B Special Cell, Thoothukudi District.

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

+2 CC to M/s.N.PANDIVELRAJAN, Advocate (SR-9395[F] dated 02/03/2022 ) Crl.O.P.(MD)No.4084 of 2022 02.03.2022 RK(18/03/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2