Madras High CourtCRL OP(MD)/5064/2022disposed of

B.Palselvam v. The Superintendent Of Police

2022-03-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.5064 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.5064 of 2022 B.Palselvam ... Petitioner/Defacto Complainant Vs

1. The Superintendent of Police, O/o. Ramanathapuram District Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Thondi Police Station, Ramanathapuram District.

(Crime No.28 of 2021) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondents to investigate,and file the Final Report in Crime No.28/2021 on the fie of the second Respondent herein, namely, Inspector of Police, Thondi Police Station, Ramanathapuram before the learned Judicial Magistrate, Thiruvadanai within a stipulated period as this Hon'ble Court deems fit.

For Petitioner : Mr.S.Balasubramanian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to to direct the second respondent to file final report in Crime No.28 of 2021 on the file of the first respondent. 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.5064 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.28 of 2021 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 respondent police and co-operate for investigation. 5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To 1.The Judicial Magistrate, Thiruvadanai

2. The Superintendent of Police, O/o. Ramanathapuram District Superintendent of Police, Ramanathapuram District.

3. The Inspector of Police, Thondi Police Station, Ramanathapuram District.

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

Order made in CRL.O.P (MD) No.5064 of 2022 18.03.2022 kmv(CO) GC(01.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2