Madras High CourtCRL OP(MD)/9990/2020disposed of

Selvi v. The Superintendent Of Police

2020-09-28Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9990 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9990 of 2020 Selvi ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District. 2.The Inspector of Police, District Crime Branch (Anti Land Grabbing Special Cell), Sivagangai District.

3.The Sub Inspector of Police, District Crime Branch (Anti Land Grabbing Special Cell), Sivagangai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the third respondent to complete the investigation in the Criminal case in Crime No.37 of 2019 and to file the final report, which is pending on the file of the District Crime Branch (Anti Land Grabbing Special Cell)Police Station, within a minimum time stipulated by this Court.

For Petitioner : Mr.S.James Raja 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 third respondent Police to complete the investigation in Crime No.37 of 2019 and file a final report, pending on the file of the third respondent / District Crime Branch (Anti Land Grabbing Special Cell) Police Station, within a time frame as stipulated by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9990 of 2020 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.Accordingly, considering the facts and circumstances of the case, this Court directs the third respondent police to complete the investigation in Crime No.37 of 2019, pending on his file and file a final report before the concerned Jurisdictional Court, 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 III) // 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 Superintendent of Police, Office of the Superintendent of Police, Sivagangai District. 2.The Inspector of Police, District Crime Branch (Anti Land Grabbing Special Cell), Sivagangai District.

3.The Sub Inspector of Police, District Crime Branch (Anti Land Grabbing Special Cell), Sivagangai. District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.[MD]No.9990 of 2020 28.09.2020 KG(CO) KK(06.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2