Madras High CourtCRL OP(MD)/10615/2020disposed of

K.Chitra v. The Sub Inspector Of Police

2020-09-30Honourable Mr Justice R. Pongiappan2 pages

CRL OP(MD)No.10615 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.10615 of 2020 K.Chitra ... Petitioner Vs.

The Sub Inspector of Police, Othakadai Police Station, Madurai District In Crime No.88 of 2020 ... Respondent PRAYER: Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent to file a final report in Crime No.88 of 2020, dated 18.02.2020, on the file of the above respondent. For Petitioner : Mr.M.Sheik Abdullah For Respondent : Mr.S.Chandrasekar Addl.Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the respondent to file a final report in Crime No.88 of 2020, for the offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC., and U/s.4 of Tamil Nadu Prohibition of Women Harassment Act.

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

3. The learned Additional Public Prosecutor appearing for the respondent Police, on instructions, would submit that the investigation is in the progressive stage. He would further 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 Government Advocate 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.10615 of 2020 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 147, 148, 294 (b), 323, 324 and 506(ii) of IPC., and U/s.4 of Tamil Nadu Prohibition of Women Harassment Act, it is appropriate to direct the respondent police to complete the investigation in Crime No.88 of 2020, pending on his file and file the final report, as expeditiously as possible, preferably, within a period of three 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 (writs) // 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 Sub Inspector of Police, Othakadai Police Station, Madurai District.

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

CRL OP(MD)No.10615 of 2020 30.09.2020 VB (12.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2