Madras High CourtCRL OP(MD)/10346/2022allowed

Eashwaran v. The Inspector Of Police

2022-06-13Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.10346 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10346 of 2022 Eashwaran ... Petitioner Vs The Inspector of Police, Austinpatty Police Station, Madurai District.

Crime No. 235 of 2021.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondent police to file a final report before the learned Judicial Magistrate No.VI, Madurai in Crime No. 235 of 2021, pending investigation on the file of the respondent police.

For Petitioner : Mr. Murali for M/s.M.Raghuman khan For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to file a final report before the learned Judicial Magistrate No.VI, Madurai in Crime No. 235 of 2021, pending investigation on the file of the respondent police. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.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.

4.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No. 235 of 2021, 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.

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CRL.O.P (MD) No.10346 of 2022 5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (crl side) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM To 1.The Inspector of Police, Austinpatty Police Station, Madurai District.

Crime No. 235 of 2021.

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

+1 CC to M/s.M. RAGHUMAN KHAN, Advocate ( SR-25666[F] dated 14/06/2022 ) ORDER IN CRL.O.P (MD) No.10346 of 2022 13.06.2022 SS(21/06/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2