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Madras High CourtCRL OP(MD)/8259/2019disposed of

P.Sakunthala v. The Superintendent Of Police

2019-10-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.8259 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.8259 of 2019 P.Sakunthala

...Petitioner

Vs.

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

2.The Deputy Superintendent of Police, Sivagangai Town, Sivagangai District.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(in Crime No.163 of 2019)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the third respondent to file a final report in Crime No.163 of 2019 dated 08.04.2019, under the supervision of first and second respondents within a stipulated period as may be fixed by this Court.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the third respondent to file a final report in Crime No.163 of 2019 dated 08.04.2019, under the supervision of first and second respondents.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.8259 of 2019 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 third respondent police to complete the investigation in Crime No.163 of 2019 pending on his file and file a final report within a period of twelve 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 ) vsg To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, Sivagangai Town, Sivagangai District.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

4.The Additional Public Prosecutor Madurai Bench of Madras High Court.

+1 CC to M/s.J.JEYAKUMARAN, Advocate SR-95197. Crl.O.P.(MD) No.8259 of 2019 30.10.2019 CS(19.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2