Madras High CourtCRL OP(MD)/7634/2022disposed of

Subbiah v. The Superintendent Of Police

2022-04-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.7634 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.7634 of 2022 Subbiah ... Petitioner Vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to expedite the investigation in Crime No.4 of 2021, dated 05.01.2021 and file the final report. For Petitioner : Mr.J.David Ganesan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent to expedite the investigation in Crime No.4 of 2021, dated 05.01.2021 and file the final report. 2.Heard the learned counsel for the petitioner 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 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 second respondent police to complete the investigation in Crime No.4 of 2021 pending on his file and file a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7634 of 2022 final report within a period of four 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 (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To

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

2. The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

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

+1 CC to M/s.J. DAVID GANESAN, Advocate ( SR-21678[F] dated 27/04/2022 ) Crl.O.P.(MD)No.7634 of 2022 25.04.2022 RD(16.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2