Madras High CourtCRL OP(MD)/9459/2022disposed of

Thangayesubaran v. The Inspector Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.(MD)No.9459 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19.05.2022

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.(MD)No.9459 of 2022 Thangayesubaran ... Petitioner Vs The Inspector of Police, District Crime Branch, Kanyakumari.

(In Crime No.9 of 2022) ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to file charge sheet by completing the investigation in Crime No.9 of 2022 within the period that may be stipulated by this Court. For Petitioner : Mr.M.Siva Sankar For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent to file final report in Crime No.9 of 2022 within the time stipulated by this Court.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) 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. 9 of 2022 pending on his file and file a final report https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9459 of 2022 within a period of three months 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.III) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Inspector of Police, District Crime Branch, Kanyakumari.

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

+1 CC to M/s.M. SIVASANKAR, Advocate ( SR-23939[F] dated 20/05/2022 ) Crl.O.P.(MD)No.9459 of 2022 Date:19.05.2022 SA(31.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2