Madras High CourtCRL OP(MD)/5813/2022disposed of

Vengateshwaran v. The Inspector Of Police

2022-03-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.5813 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.5813 of 2022 Vengateshwaran ... Petitioner/Accused No.2 Vs.

The State represented by The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai, Madurai District.

(Crime No.211 of 2021) ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to grant direction, directing the respondent police to file a final report before the Learned Judicial Magistrate Court, Melur, Madurai District in Crime No.211 of 2021 pending on the file of the respondent police within a time limit as stipulated by this Court. For Petitioner : Mr.S.Sarvagan Prabhu For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for a direction to the respondent police to file a final report before the learned Judicial Magistrate Court, Melur, Madurai District in Crime No.211 of 2021 pending on the file of the respondent police within a time limit as stipulated by this Court.

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

Crl.O.P.(MD).No.5813 of 2022 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 respondent police to complete the investigation in Crime No.211 of 2021 pending on his file and file a final report within a period of four (4) 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 (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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, Melur, Madurai District.

2. The Inspector of Police, Y.Othakadai Police Station, Y.Othakadai, Madurai District.

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

Crl.O.P(MD).No.5813 of 2022 30.03.2022 RK(12/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2