Madras High CourtCRL OP(MD)/8403/2022disposed of

S. Muthaiah v. The Sub Inspector Of Police

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

Crl.O.P.(MD)No.8403 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.8403 of 2022 S.Muthaiah ... Petitioner Vs The Sub-Inspector of Police, Sedapatti Police Station, Madurai District.

Crime No.98 of 2018 ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to file charge sheet/final report within a time frame as fixed by this Court in Crime No.98 of 2018, dated 22.05.2018 on the file of the respondent police. For Petitioner : Mr.P.Chandran 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 charge sheet/final report within a time frame as fixed by this Court in Crime No.98 of 2018, dated 22.05.2018 on the file of the respondent police. 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.

4.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No. 98 of 2018 pending on his file and file a final report https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8403 of 2022 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 co-operate for investigation. 5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Sub-Inspector of Police, Sedapatti Police Station, Madurai District.

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

+1 CC to M/s.P.CHANDRAN, Advocate ( SR-22933[F] dated 29/04/2022 ) Crl.O.P.(MD)No.8403 of 2022 29.04.2022 RD(26.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2