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Madras High CourtCRL OP(MD)/4858/2019disposed of

Nithya, W/O.Sakthi Jothi v. The Sub Inspector Of Police,

2019-09-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD).No. 4858 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No. 4858 of 2019 Nithya

...Petitioner

Vs.

1. The State rep. by its The Sub Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No. 338 of 2018) 2.Sakthi Jothi (2nd respondent impleaded vide order dated 10.09.2019 made in Crl.M.P(MD).No. 3362 of 2019 in Crl.O.P(MD).No.4858 of 2019.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent Police to complete the investigation in respect of the FIR in Crime No. 338 of 2018, dated 06.12.2018 and consequently to file final report before the learned Judicial Magistrate, Paramakudi within the time limit that may be stipulated by this Court.

For Petitioner : No appearance For R1 : Mr.K. Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking direction to the respondent Police to complete the investigation in respect of the FIR in Crime No. 338 of 2018, dated 06.12.2018 and consequently to file final report before the learned Judicial Magistrate, Paramakudi within the time frame to be fixed by this Court.

2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent.

https://hcservices.ecourts.gov.in/hcservices/ 3.

Whenever any information in relation to commission of 1/2

Crl.O.P(MD).No. 4858 of 2019 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 respondent police to complete the investigation in Crime No.338 of 2018 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.

5.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) trp To

1. The Sub Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

Crl.O.P(MD).No. 4858 of 2019 10.09.2019 JMN(27.09.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2