Madras High CourtCRL OP(MD)/5077/2022disposed of

Muthuramalingam v. The Superintendent Of Police

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

Crl.O.P.(MD) No.5077 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.5077 of 2022 Muthuramalingam ... Petitioner/Defacto Complainant Vs

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

2. The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(In Crime No.593 of 2015) ... Respondent No.1 and 2/Complainant

3. M.Navaneetha Krishnan 4.P.Karthikeyan ... Respondent No.3 & 4/ Accused Nos. 1 and 2.

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd Respondent to complete the investigation and to file a final report along with Forensic and Biometric Investigation Service Report within a stipulated time frame fixed by this Honble High Court in Crime No.593 of 2015 pending on the file of the 2nd respondent dated 19.07.2015. For Petitioner : Mr.M.Prabu For Respondents : Mr.R.M.Anbunithi R1 & R2 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.593 of 2015 on the file of the second respondent. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.5077 of 2022 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 circumstance of the case, this Court directs the second respondent police to complete the investigation in Crime No.593 of 2015 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 (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To

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

2. The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

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

+1 CC to M/s.M.PRABU, Advocate ( SR-13051[F] dated 18/03/2022 ) +1 CC to M/s.J.Anandkumar,Advocate(SR-4673[F]) CRL.O.P (MD) No.5077 of 2022 18.03.2022 MGJ(30.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2