Madras High CourtCRL OP(MD)/4230/2022disposed of

M.Raja v. The Commissioner Of Police

2022-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4230 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4230 of 2022 M.Raja ... Petitioner/ Defacto Complainant Vs

1. The Commissioner of Police Tirunelveli City Tiruenelveli

2. The Inspector of Police Melapalayam Police Station Tirunelveli City (Crime No. 407 of 2019) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent to file a final report in Crime No. 407 of 2019 on the file of the second respondent within a period fixed by this Honourable Court.

For Petitioner : Mr.T.Selvan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct second respondent to file a final report in Crime No. 407 of 2019 on the file of the second respondent within a period fixed by this Honourable 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.

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Crl.O.P.(MD)No.4230 of 2022 4.Considering the facts and circumstance of the case, this Court directs the second respondent police to complete the investigation in Crime No. 407 of 2019 pending on his file and file a final report within a period of four weeks 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/- Deputy Registrar (LA&MC) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Judicial Magistrate No.V, Tirunelveli.

2. The Commissioner of Police Tirunelveli City Tiruenelveli

3. The Inspector of Police Melapalayam Police Station Tirunelveli City

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

Crl.O.P.(MD)No.4230 of 2022 04.03.2022 RK(17/03/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2