Madras High CourtCRL OP(MD)/4389/2022disposed of

S.Mariyappan v. The Superintendent Of Police

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

Crl.O.P.(MD)No.4389 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.4389 of 2022 S.Mariyappan ... Petitioner Vs

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Austinpatty Police Station, Madurai District.

(Crime No.315/2021) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction, directing the respondent No.2 to file a final report in Crime No.315 of 2021 dated 22.10.2021 registered under sections 147, 148, 341, 294(b), 324 and 506(ii) of IPC within the time framed by this Hon'ble Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to to direct the second respondent to file a final report in Crime No.315 of 2021 dated 22.10.2021 registered under sections 147, 148, 341, 294(b), 324 and 506(ii) of IPC within the time framed 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.

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Crl.O.P.(MD)No.4389 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. 315 of 2021 pending on his file and file a final report within a period of eight weeks from the date of the receipt of a copy of this Order. Further the petitioner shall appear before the second respondent and co-operate for investigation. 5.

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

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Austinpatty Police Station, Madurai District.

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

+1 CC to M/s.T.THIRUMURUGAN, Advocate(SR-11071[F] dated 10/03/2022 ) Crl.O.P.(MD)No.4389 of 2022 08.03.2022 MGJ(16.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2