Madras High CourtCRL OP(MD)/10090/2020disposed of

Ponnusamy v. The Commissioner Of Police

2020-09-23Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN Ponnusamy ... Petitioner Vs.

1.The Commissioner of Police, O/o.Commissioner of Police, 2.The Assistant Commissioner of Police, O/o.Assistant Commissioner of Police, Palayamkottai, 3.The Inspector of Police, Palayamkottai Police Station, ... Respondents (Cr.No.238 of 2019) PRAYER: Petition filed under Section 482 of Criminal Procedure Code, to direct the 3rd respondent to file the final report in Crime No.238 of 2019, dated 15.05.2019, for the offences under Sections 420, 419, 465, 468 and 471 of IPC., under the supervision of the 1st respondent within a stipulated time frame fixed by this Court. For Petitioner : Mr.S.Velrajan For Respondents : Mr.R.Erottuchamy Govt.Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the 3rd respondent to file the final report in Crime No.238 of 2019, for the offences under Sections 420, 419, 465, 468 and 471 of IPC., under the supervision of the 1st respondent. 2.Heard the learned Counsel appearing for the petitioner and learned Government Advocate for the respondent police.

3. Mr.R.Erottuchamy, the learned Government Advocate (Crl.side) appearing for the respondent Police, on instructions, would submit that after the registration of the FIR, the investigation is in the progressive stage. He would further submit that since the police 1/3

officers were busy in their duties to combat unprecedented situation arising from the COVID-19 Pandemic, some more time is required to file the final report. The submission made by the learned Additional Public Prosecutor is placed on record.

4. 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. Though the delay in filing the final report in the present case is not having any inordinate delay, since the victim is secured, it is very easy for the Police officer to file the final report immediately.

5.Considering the facts and circumstances of the case, this Court, directs the 3rd respondent Police to complete the investigation in Crime No.238 of 2020, pending on his file and file the final report, within a period of three months from the date of receipt of a copy of this order.

6. With the above observations and direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) MPK 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 Commissioner of Police, O/o.Commissioner of Police, 2/3

2.The Assistant Commissioner of Police, O/o.Assistant Commissioner of Police, Palayamkottai, 3.The Inspector of Police, Palayamkottai Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

23.09.2020 VB (05.10.2020) 3P 5C 3/3