Madras High CourtCRL OP(MD)/9413/2020disposed of

Sherin Ajitha v. The Superintendent Of Police

2020-09-08Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN Sherin Ajitha ... Petitioner Vs.

1.The Superintendent of Police, Nagercoil, 2.The State Rep.by The Inspector of Police, Kotticode Police Station, Kanyakumari District, In Crime No.154 of 2019.

3.The Inspector of Police, Vellichanthai Police Station, 4.The Inspector of Police, Rajakkamangalam Police Station, ... Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to investigate the case in Crime No.154 of 2019, on the file of the 2nd respondent police and to file final report within a time frame that may be fixed by this Court. For Petitioner : Mr. M.Suri For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the 2nd respondent police to investigate the case in Crime No.154 of 2019, on the file of the 2nd respondent police and to file the final report.

2. Today when the petition is came up for hearing, Mr.S.Chandrasekar, the learned Additional Public Prosecutor, appearing for the respondents, on instructions, would submit that in earlier, after registration of FIR in Crime No.154 of 2019 on the file of the 2nd respondent Police, the same has been transferred to the file of 4th respondent in which transfer FIR has been registered in Crime No.322 of 2020 and the same is pending.

3. In general, whenever any information in relation to 1/3

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. Though the delay in filing the final report in the present case is not having any inordinate delay, since the victim is secured, it is very easy for the Police officer to file the final report immediately.

4.Considering the facts and circumstances of the case, this Court, directs the 4th respondent Police to complete the investigation in Crime No.322 of 2020, pending on his file and file the final report, within a period of three months from the date of receipt of a copy of this order.

5. With the above observations and direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CSI) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK 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 Superintendent of Police, Nagercoil, 2.The State Rep.by The Inspector of Police, Kotticode Police Station, Kanyakumari District, In Crime No.154 of 2019.

3.The Inspector of Police, Vellichanthai Police Station, 2/3

4.The Inspector of Police, Rajakkamangalam Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

08.09.2020 KB(21.09.2020) 3P 6C 3/3