Madras High CourtCRL OP(MD)/7605/2020disposed of

K.Tamilmaran v. The Superintendent Of Police

2020-07-22Honourable Mr Justice R. Pongiappan2 pages

CRL OP(MD)No.7605 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.7605 of 2020 K.Tamilmaran ... Petitioner Vs.

1.The Superintendent of Police, District Police Office, Karur-639 007.

2.The Inspector of Police, District Crime Branch, Karur District, Karur-639 007.

... Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to direct the second respondent to file a final report within a stipulated time in Crime No.03 of 2020 dated 10.02.2020 which is based on the complaint filed before the 1st respondent and the same was forwarded to the second respondent. For Petitioner : Mr.C.Masilamani For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the second respondent police to file a final report in Crime No.03 of 2020 on the file of the second respondent police.

2.Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent police. 3.Today when the petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that totally there are four accused in this case and after the registration of the case, the first and the second accused were enlarged on anticipatory bail by this Court. He would further submit that the other two accused viz., A3 and A4 are yet to be secured in this matter.

4.Now on considering the submission made by the learned Additional Public Prosecutor, in general whenever any information in relation to commission of cognizable or non-cognizable offence is https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD)No.7605 of 2020 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.

5.Considering the facts and circumstance of the case, this Court directs the third respondent police to complete the investigation in Crime No.03 of 2020, pending on his file and file a final report as early as possible preferably, within a period of four months from the date of receipt of a copy of this order. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 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 Superintendent of Police, District Police Office, Karur-639 007.

2.The Inspector of Police, District Crime Branch, Karur District, Karur-639 007.

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

CRL OP(MD)No.7605 of 2020 22.07.2020 AP (29.07.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/