Madras High CourtCRL OP(MD)/7234/2020disposed of

Kuppusamy v. The Inspector Of Police

2020-07-10Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.7234 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7234 of 2020 Kuppusamy ... Petitioner/Defacto Complainant Vs.

State rep. by its, The Inspector of Police, Vanniyampatti Vilakku, Virudhunagar District.

Crime No.121 of 2019.

... Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C,praying to direct the respondent police to file final report in connection with Crime No.121 of 2019 on the file of the respondent police within a time frame as fixed by this Hon'ble Court.

For Petitioner : Mr.S.Sukumar For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This petition has been filed seeking direction to the respondent to file final report in Crime No.121 of 2019 for the offences under Sections 454 and 380 pending on the file of the respondent police.

2.The learned counsel appearing for the petitioner would submit that in earlier, the very same petitioner herein filed petition in Crl.O.P.(MD)No.10692 of 2019, in which, this Court passed a direction to the Additional Superintendent of Police, Virudhunagar to monitor the investigation. Though the said order was in favour of the petitioner, so far the respondent herein has not recovered the stolen property and closed the investigation. Hence, the petitioner approached this Court as a second time by way of filing this petition.

3.The learned Additional Public Prosecutor would submit that after registration of the case, finger prints were taken away and the investigation is in progressive stage.

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

Crl.O.P.(MD)No.7234 of 2020 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.

5.Hence, considering the facts and circumstances of this petition, it would be appropriate to direct the Investigating Officer to file a final report within a stipulated time, if not already filed.

6. The respondent police is directed to complete the investigation in Crime No.121 of 2019 pending on his file and file final report as early as possible preferably, within a period of six months from the date of receipt of a copy of this order. 7.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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, Vanniyampatti Vilakku, Virudhunagar District.

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

Crl.O.P.[MD]No.7234 of 2020 10.07.2020 AP(17/07/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2