Madras High CourtCRL OP(MD)/7153/2022disposed of

K. Erulayi v. The Inspector Of Police

2022-04-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.7153 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.7153 of 2022 K.Erulayi ... Petitioner / Defacto Complainant Vs The State represented by The Inspector of Police, Narikudi Police Station, Virudhunagar District.

(Crime No.2 of 2021) ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to complete the investigation and file the final report in Crime.No.2 of 2021 on the file of the respondent police.

For Petitioner : Mr.C.R.Ponnuthai For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent to complete the investigation and file the final report in Crime.No.2 of 2021 on the file of the respondent police.

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 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 respondent police to complete the investigation in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7153 of 2022 Crime.No.2 of 2021 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. 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 (Protocol) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

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

+1 CC to M/s.C.R. PONNUTHAI, Advocate ( SR-19214[F] dated 19/04/2022 ) Crl.O.P.(MD)No.7153 of 2022 19.04.2022 RD(13.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2