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Madras High CourtCRL OP(MD)/4566/2022disposed of

Kowsalya v. The Inspector Of Police

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

Crl.O.P(MD)No.4566 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.4566 of 2022 Kowsalya ... Petitioner/ Defacto Complainant Vs.

The State represented by The Inspector of Police, Theni Police Station, Theni District.

(Crime No.298 of 2021) ... Respondent/ Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent Police to file a final report before the learned Judicial Magistrate, Theni, in Crime No.298 of 2021 pending investigation on the file of respondent police. For Petitioner : Mr.R.Manoharan 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 respondent Police to file a final report before the learned Judicial Magistrate, Theni, in Crime No.298 of 2021 pending investigation on the file of respondent police. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4566 of 2022 time, if not already filed.

4.Considering the facts and circumstances of the case, this Court directs the respondent police to complete the investigation in Crime No.298 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 (W) // 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 Judicial Magistrate, Theni.

2. The Inspector of Police, Theni Police Station, Theni District.

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

+1 CC to M/s.R.MANOHARAN, Advocate ( SR-11100[F] dated 10/03/2022 ) Crl.O.P(MD)No.4566 of 2022 10.03.2022 RD(23.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2