Madras High CourtCRL OP(MD)/7176/2020disposed of

Mariappan v. The Superintendent Of Police

2020-07-09Honourable Mr Justice R. Pongiappan2 pages

CRL OP(MD)No.7176 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.7176 of 2020 Mariappan ... Petitioner Vs.

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

2.The Sub-Inspector of Police, Vembakottai Police Station, Virudhunagar District.

... Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to direct the 2nd respondent to file a final report in Crime No.338 of 2020, pending on the file of the 2nd respondent. For Petitioner : M/s.S.Prabha For Respondents : Mr.S.Chandrasekar (R1 & R2) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the 2nd respondent to file the final report in Crime No.338 of 2020, registered on 10.06.2020, under the caption ''Woman Missing".

2.Heard the learned Counsel appearing for the petitioner and learned Additional Public Prosecutor for the respondent police.

3. Mr.S.Chandrasekar, the learned Additional Public Prosecutor appearing for the respondent Police, on instructions, would submit that after the registration of the FIR, the girl has been secured and investigation is in the progressive stage. He would further submit that since the police officers were busy in their duties to combat unprecedented situation arising from the COVID-19 Pandemic, some more time is required to file the final report. The submission made by the learned Additional Public Prosecutor is placed on record.

4. In general, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.7176 of 2020 of the Criminal Procedure Code shall be completed without any unnecessary delay. Though the delay in filing the final report in the present case is not having any inordinate delay, since the victim is secured, it is very easy for the Police officer to file the final report immediately.

5.Considering the facts and circumstances of the case, this Court, directs the 2nd respondent Police to complete the investigation in Crime No.338 of 2020, pending on his file and file the final report, within a period of three months from the date of receipt of a copy of this order.

6. With the above observations and direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK Note : In view of the present lock down owing to COVID19 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 Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Sub-Inspector of Police, Vembakottai Police Station, Virudhunagar District.

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

CRL OP(MD)No.7176 of 2020 09.07.2020 SPU(15.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2