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Madras High CourtCRL OP(MD)/4447/2022disposed of

R.Elavarasan v. The Inspector Of Police

2022-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4447 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4447 of 2022 R.Elavarasan ... Petitioner/Defacto Complainant Vs The Inspector of Police, Keelavalavu Police Station, Madurai District.

(Crime No.352 of 2019) ... Respondent/Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. directing the respondent to file a final report in Crime No.352 of 2019, dated 20.11.2019 on the file of the respondent U/s. 147, 294 (b), 506(2) of IPC and 67 of Information Technology Act 2008,within the time frame stipulated by this Hon'ble Court. For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct respondent to file a final report in Crime No.352 of 2019, dated 20.11.2019 on the file of the respondent U/s. 147, 294(b), 506(2) of IPC and 67 of Information Technology Act 2008,within the time frame stipulated by this Hon'ble 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 stipulated time, if not already filed.

4.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No. 352 of 2019 pending on his file and file a final report https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4447 of 2022 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 respondent and co-operate for investigation.

5.

This Criminal Original Petition is disposed of accordingly. Sd/- Deputy Registrar (Accounts) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Inspector of Police, Keelavalavu Police Station, Madurai District.

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

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-10772[F] dated 09/03/2022 ) Crl.O.P.(MD)No.4447 of 2022 08.03.2022 MGJ(18.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2