N.Shanmuganathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.Shanmuganathan ... Petitioner in Crl.O.P.(MD)No.6093 of 2020 1.N.Shanmuganathan 2.Nangaiappan ... Petitioners in Crl.O.P.(MD)No.14737 of 2020 Vs
1. The Inspector of Police, C-3 Police Station, Perumalpuram, Palayamkottai, Tirunelveli City, Tirunelveli.
2. The Deputy Commissioner of Police, Tirunelveli City, Tirunelveli District.
3. P.Perumbadaiyar
4. Muthupandi ... Respondents in Crl.O.P.(MD)No.6093 of 2020
1. The Inspector of Police, Perumalpuram Police station, Perumalpuram, Tirunelveli City, Tirunelveli. District.
(Crime No.488 of 2020)
2. The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli.
3. P.Perumbadaiyar ... Respondents in Crl.O.P.(MD)No.14737 of 2020 Prayer In Crl.O.P.(MD)No.6093 of 2020 : Criminal Original Petition filed under Section 482 Cr.P.C. to pass an order directing the Respondents 1 and 2 to give protection to the life and limb of the Petitioner and his family forthwith and pass such or further order as this Court may deem fit and proper in the circumstances of the above said case and thus render justice.
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Prayer In Crl.O.P.(MD)No.14737 of 2020 :
Criminal Original Petition filed under Section 482 Cr.P.C. to call for the First Information Report in connection with Crime No.488 of 2020 on the file of the Inspector of Police, Perumalpuram Police Station, Perumalpuram, Tirunelveli City, Tirunelveli District and subsequently QUASH the same as illegal, erroneous and devoid of merits forthwith and thus render justice.
In Crl.O.P.(MD)No.6093 of 2020 For Petitioner : Mr.S.Palani Velayutham For Respondent : Mr.R.M.Anbunithi No.1 to 2 Additional Public Prosecutor For Respondent : Mr.G.Anto Prince No.3 In Crl.O.P.(MD)No.14737 of 2020 For Petitioner : Mr.S.Palani Velayutham For Respondent : Mr.R.M.Anbunithi No.1 to 2 Additional Public Prosecutor For Respondent : Mr.R.Rajaselvan No.3 COMMON ORDER These Criminal Original Petitions have been filed to direct the first and second respondents to give protection to the life and limb of the petitioner and his family members and also to direct the respondents to file the Final Report in FIR No.488 of 2020 on the file of the first respondent police within the time frame fixed by this Court.
2.Heard the learned counsel for the petitioners 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 2/3
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 first respondent police to complete the investigation in Crime No. 488 of 2020, 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.These Criminal Original Petitions are disposed of accordingly.
Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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 Inspector of Police, C-3 Police Station, Perumalpuram, Palayamkottai, Tirunelveli City, Tirunelveli.
2. The Deputy Commissioner of Police, Tirunelveli City, Tirunelveli District.
3. The Inspector of Police, Perumalpuram Police station, Perumalpuram, Tirunelveli City, Tirunelveli. District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COMMON ORDER IN Crl.O.P.(MD)Nos.6093 & 14737 of 2020 25.02.2022 sk(CO) TR(08.03.2022) 3P 5C 3/3