Madras High CourtCRL OP(MD)/7674/2022disposed of

S. Viswanthan v. The Superintendent Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.7674 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.7674 of 2022 S.Viswanathan ... Petitioner /Defacto Complainant Vs 1.The Superintendent of Police, District Office, Subramaniyapuram, Trichy, Trichy District.

2.The Inspector of Police, District Crime Branch (DCB), Subramaniyapuram, Trichy District.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent to file final report in Crime No. 01 of 2022 on the file of the second respondent police within the stipulated period as may fixed by this Court in the light of petitioner's representation, dated 17.04.2022. For Petitioner : Mr.R.Sakthivel For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent to file final report in Crime No. 01 of 2022 on the file of the second respondent police within the stipulated period as may fixed by this Court in the light of petitioner's representation, dated 17.04.2022. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7674 of 2022 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.01 of 2022 pending on his file and file a 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 (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Superintendent of Police, District Office, Subramaniyapuram, Trichy, Trichy District.

2.The Inspector of Police, District Crime Branch (DCB), Subramaniyapuram, Trichy District.

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

+1 CC to M/s.R. SAKTHIVEL, Advocate ( SR-21123[F] dated 26/04/2022 ) ORDER MADE IN Crl.O.P.(MD)No.7674 of 2022 26.04.2022 PKP/18.05.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2