Madras High CourtCRL OP(MD)/4571/2022disposed of

Sharmila v. The Superintendent Of Police

2022-03-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.4571 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4571 of 2022 Sharmila ... Petitioner/ Defacto Complainant Vs.

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

2. The State represented by The Inspector of Police, Cyber Crime Division, Tuticorin District.

(Crime No.11 of 2021) ... Respondents/ Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent to file a final report in the case in Crime No.11 of 2021 on the file of the second respondent police as expeditiously as possible within the time frame fixed by this Court.

For Petitioner : Mr.L.Siva For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent to file a final report in the case in Crime No.11 of 2021 on the file of the second respondent police.

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

Crl.O.P(MD)No.4571 of 2022 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 circumstances of the case, this Court directs the second respondent police to complete the investigation in Crime No.11 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.

5.This Criminal Original Petition is disposed of, accordingly. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Superintendent of Police, Office of the Superintendent of Police, Tuticorin District.

2. The Inspector of Police, Cyber Crime Division, Tuticorin District.

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

Crl.O.P(MD)No.4571 of 2022 10.03.2022 mga MS/25.03.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2