Madras High CourtCRL OP(MD)/7701/2022disposed of

M.V. Desikan v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.7701 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.7701 of 2022 M.V.Desikan ... Petitioner Vs The Deputy Superintendent of Police, District Crime Branch, Thanjavur.

(Crime No.13 of 2018) ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to file the final report in Crime No.13 of 2018, dated 06.07.2018 offence under sections 406, 420 IPC before the concerned jurisdictional Magistrate.

For Petitioner : Mr.M.Maran For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent to file the final report in Crime No. 13 of 2018, dated 06.07.2018 offence under sections 406, 420 IPC before the concerned jurisdictional Magistrate. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 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.

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Crl.O.P.(MD)No.7701 of 2022 4.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No. 13 of 2018 pending on his file and file a final report within a period of six 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 (Admin I) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To

1. The Deputy Superintendent of Police, District Crime Branch, Thanjavur.

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

+1 CC to Mr.M.MARAN, Advocate ( SR-21106[F] dated 26/04/2022 ) Crl.O.P.(MD)No.7701 of 2022 26.04.2022 MK/18.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2