Madras High CourtCRL OP(MD)/9448/2020disposed of

A.Mohammed Salihi v. The Inspector Of Police

2020-09-08Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.9448 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9448 of 2020 A.Mohammed Salihi ... Petitioner / De facto complainant Vs.

1.The State rep. by the Inspector of Police, Tallakulam Police Station, Tallakulam, Madurai District.

2.The Commissioner of Police, Madurai City, Madurai.

... Respondents / Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent Police to complete the investigation in Crime No.308 of 2020 and to file final report within time limit that may be fixed by this Court. For Petitioner : Mr.S.Muthukumar For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to the first respondent Police to complete the investigation in Crime No.308 of 2020 and to file final report, within time limit that may be fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.9448 of 2020 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. Accordingly, considering the facts and circumstance of the case, this Court directs the first respondent police to complete the investigation in Crime No.308 of 2020, pending on his file and file a final report within a period of three months from the date of the receipt of a copy of this order.

5.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS ) tsg 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, Tallakulam Police Station, Tallakulam, Madurai District.

2.The Commissioner of Police, Madurai City, Madurai.

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

Crl.O.P.[MD]No.9448 of 2020 08.09.2020 NR (15.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2