Madras High CourtCRL OP(MD)/5389/2022disposed of

P.Indira Priyadarshini v. The Superintendent Of Police

2022-03-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.5389 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.5389 of 2022 P.Indira Priyadarshini ... Petitioner/Defacto Complainant Vs

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

... 1st Respondent

2. The Inspector of Police, District Crime Branch Police Station, Kanyakumari District.

(Crime No.7 of 2021) ... 2nd Respondent/Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct 2nd Respondent to file the Final Report in Crime No.7/2021 on the file of the 2nd Respondent Police and and Proceed with same as per law within the time stipulated by this Hon'ble Court. For Petitioner : Mr.S.SureshKumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to to direct second respondent to file the Final Report in Crime No.7 in 2021 on the file of 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 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.5389 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. 7 of 2021 pending on his file and file a final report within a period of three months from the date of the receipt of a copy of this Order. Further the petitioner shall appear before the respondent police and cooperate for investigation. 5.

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

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police, District Crime Branch Police Station, Kanyakumari District.

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

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