Madras High CourtCRL OP(MD)/8182/2022disposed of

Jeevanatham v. The Superientendent Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.8182 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.8182 of 2022 Jeevanatham ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

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

(Crime No.151 of 2015) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent to conduct fair and impartial investigation and to file final report in Crime No.151 of 2015 dated 07.06.2015 on the file of the second respondent. For Petitioner : Mr.A.Arputharaj For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to to direct the third respondent to conduct fair and impartial investigation and to file final report in Crime No.151 of 2015 dated 07.06.2015 on the file of the second respondent. 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.8182 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 third respondent police to complete the investigation in Crime No.151 of 2015 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 third respondent police and co-operate for investigation.

5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

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

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

+1 CC to M/s.A.ARPUTHARAJ, Advocate ( SR-22779[F] dated 29/04/2022 ) Crl.O.P.(MD)No.8182 of 2022 29.04.2022 MK/30.05.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2