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Madras High CourtCRL OP(MD)/9380/2020disposed of

P.Manimegalai v. The Deputy Inspector General 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 CRL OP(MD)No.9380 of 2020 P.Manimegalai ... Petitioner Vs.

1.The Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram District 2.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram.

3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mudukulathur Sub Division, Ramanathapuram District.

4.The Inspector of Police, Peraiyur Police Station, Ramanathapuram DISTrict, Cr.No.119 of 2020 ... Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to direct the respondents to investigate the case in Crime No.119 of 2020, on the file of the 4th respondent and to file a final report before the jurisdictional Judicial Magistrate within the time stipulated by this Court.

For Petitioner : Mr.R.Krishnan 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 respondents to investigate the case in

Crime No.119 of 2020, on the file of the 4th respondent and to file a final report before the jurisdictional Judicial Magistrate. 2.Heard the learned Counsel appearing for the petitioner and learned Additional Public Prosecutor for the respondent police.

3. Mr.S.Chandrasekar, the learned Additional Public Prosecutor appearing for the respondent Police, on instructions, would submit that since the police officers were busy in their duties to combat unprecedented situation arising from the COVID-19 Pandemic, some more time is required to file the final report. The submission made by the learned Additional Public Prosecutor is placed on record. 4.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. 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.

5. Considering the facts and circumstances of the case, this Court, directs the 4th respondent Police to complete the investigation in Crime No.119 of 2020, pending on his file and file the final report, within a period of two months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 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 Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Ramanathapuram Range, Ramanathapuram District 2.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram.

3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mudukulathur Sub Division, Ramanathapuram District.

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

+1 CC to M/s.R. KRISHNAN, Advocate ( SR-16293[F] dated 09/09/2020 ) CRL OP(MD)No.9380 of 2020 08.09.2020 MPK SDS (21.09.2020) 3P-7C