Madras High CourtCRL OP(MD)/8691/2020disposed of

S.Sivakumar v. The Sub Inspector Of Police

2020-08-20Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8691 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8691 of 2020 S.Sivakumar ... Petitioner Vs.

The Sub Inspector of Police, District Crime Branch, Tirunelveli, Tirunelveli District.

(Crime No.31 of 2018) ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent to file charge sheet in Crime No.31 of 2018 on the file of the respondent police within a time frame fixed by this Court.

For Petitioner : Mr.V.Manikandan For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate

O R D E R

This criminal original petition has been filed seeking a direction to direct the respondent to file a charge sheet in Crime No.31 of 2018 on the file of the respondent police. 2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

3.In general, 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 circumstances of the case, this Court directs the respondent police to complete the investigation in Crime No.31 of 2018, pending on his file and file a final report within a period of three months from the date of receipt of a copy of this order.

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Crl.O.P.(MD)No.8691 of 2020 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Sub Inspector of Police, District Crime Branch, Tirunelveli, Tirunelveli District.

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

Crl.O.P.[MD]No.8691 of 2020 20.08.2020 SPU(27.08.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2