Madras High CourtCRL OP(MD)/3404/2020disposed of

T.Santhanam v. The Commissioner Of Police

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3404 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.3404 of 2020 T.Santhanam ... Petitioner/ Defacto Complainant Vs.

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Melapalayam Police Station, Melapalayam, Tirunelveli.

(Crime No.17 of 2020) ... Respondents/Complainants Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Respondents 1 and 2 to expedite the investigation in Crime No.17 of 2020 on the file of the second respondent in order to secure the petitioner's wife Chitra, 45 years.

For Petitioner : Mrs.T.Kalaiselvi For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the Respondents 1 and 2 to expedite the investigation in Crime No.17 of 2020 on the file of the second respondent in order to secure the petitioner's wife Chitra, 45 years.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3404 of 2020 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.17 of 2020 pending on his file and file a final report within a period of twelve weeks from the date of the receipt of a copy of this Order.

This Criminal Original Petition is disposed of, accordingly.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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 Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Melapalayam Police Station, Melapalayam, Tirunelveli.

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

Crl.O.P(MD)No.3404 of 2020 15.02.2022 CM(CO) KB(01.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2