Madras High CourtCRL OP(MD)/9716/2020disposed of

Karu.Manickam v. The Superintendent Of Police

2020-09-14Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9716 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.9716 of 2020 Karu.Manickam ... Petitioner/Defacto complainant Vs State rep by 1.The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, K.Puthupatti Police Station, Pudukkottai District.

In Crime No.13 of 2020 ... Respondents/Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to conduct the proper enquiry and file final report in Cr.No.13 of 2020 within the time fixed and stipulated by this Court.

For Petitioner : Mr.G.Mathavan For Respondent : Mr.R.Erottuchamy Govt. Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent to conduct the proper enquiry and file final report in Cr.No.13 of 2020 within the stipulated time.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondents. 3.In this regard, the learned Government Advocate(Crl.side) appearing for the respondent police seeks three months time for conducting the investigation.

4.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.

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Crl.O.P.(MD)No.9716 of 2020 5.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.13 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.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CSIII) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 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, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, K.Puthupatti Police Station, Pudukkottai District.

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

Crl.O.P.(MD)No.9716 of 2020 14.09.2020 KB(21.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2