Madras High CourtCRL OP(MD)/9837/2020disposed of

A.Sahul Hameed v. The Superintendent Of Police

2020-09-16Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.9837 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.9837 of 2020 A.Sahul Hameed ... Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Mandapam Police Station, Mandapam, Ramanathapuram District.

(Crime No.61 of 2019) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to file the final report in Crime No.61 of 2019 pending on the file of the second respondent police within the time fixed by this Court.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent to file the final report in Crime No.61 of 2020 pending on the file of the second respondent police within the time fixed by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor 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 delay. The delay in filing a final report in the present case is inordinate and unjustified. Hence, it would be appropriate to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.9837 of 2020 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 second respondent police to complete the investigation in Crime No.61 of 2020, pending on his file and file a final report within a period of two 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 (AD-II) // 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 Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Mandapam Police Station, Mandapam, Ramanathapuram District.

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

Crl.O.P.[MD]No.9837 of 2020 16.09.2020 VB (29.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2