Madras High CourtCRL OP(MD)/10432/2020disposed of

S.Muthuponnarasi v. The Superintendent Of Police

2020-09-28Honourable Mr Justice R. Pongiappan2 pages

CRL OP(MD)No.10432 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.10432 of 2020 S.Muthuponnarasi ... Petitioner Vs.

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

2.The Inspector of Police, Thanthonimalai Police Station, Thanthonimalai, Karur District.

(Crime No.332 of 2019) ... Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent police to file the final report in connection with Crime No.332 of 2019, on the file of the respondent police within a time frame to be fixed by this Court. For Petitioner :

Mr.G.Gomathi Sankar For Respondents :

Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the 2nd respondent police to file the final report, in connection with a case Crime No.332 of 2019, on the file of the respondent police.

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

3. Mr.S.Chandrasekar, the learned Additional Public Prosecutor appearing for the respondent Police, on instructions, would submit that since the police 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.10432 of 2020 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.Therefore, considering the fact that the petition mentioned FIR has been registered for the offence under Sections 294(b), 323 and 379 of IPC., it is appropriate to direct the respondent police to complete the investigation in Crime No.332 of 2019, pending on his file and file the final report, as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CO) // 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 Superintendent of Police, Dindigul District,Dindigul.

2.The Inspector of Police, Thanthonimalai Police Station,Thanthonimalai, Karur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.GOMATHI SANKAR, Advocate(SR-18202[F]dated 28/09/2020) CRL OP(MD)No.10432 of 2020 28.09.2020 AL(CO) AP(05/10/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2