Madras High CourtCRL OP(MD)/9795/2020disposed of

National Collateral Management Services Ltd v. The Inspector Of Police

2020-09-15Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9795 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.9795 of 2020 National Collateral Management Services Ltd., Rep by its, The Area Manager, L.Devaraj, S/o.Lurthusamy No-103, Classic Tower, 5th floor, Trichy Main Road, Coimbatore-641018.

: Petitioner/Defacto Complainant Vs.

The Inspector of Police, District Crime Branch, Tirunelveli District.

(in Crime No.3 of 2018) : Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent to file the final report in the case in Crime No.3 of 2018 for the offence under Section 406, 420, 390, 294(b) and 506(i) of I.P.C. pending investigation on the file of the respondent.

For Petitioner : Mr.K.Anna For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to direct the respondent police to file a final report in Crime No.03 of 2018 for the offence punishable under Sections 406, 420, 390, 294(b) and 506(i) of I.P.C pending on the file of the respondent.

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

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

Crl.O.P.(MD)No.9795 of 2020 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.

4.Accordingly, considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.03 of 2018, 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 with the above direction.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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, District Crime Branch, Tirunelveli District.

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

Crl.O.P.(MD)No.9795 of 2020 15.09.2020 SVN(CO) CS(23.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2