Madras High CourtCRL OP(MD)/10623/2020disposed of

Ilayaraja v. The Commissioner Of Police

2020-10-01Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Ilayaraja ... Petitioner/Defacto Complainant -vs1.The Commissioner of Police, Office of the Commissioner of Police, 2.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Law and Order, 3.The Inspector of Police, Palakarai Police Station, ... Respondents PRAYER: Petition filed under Section 482 of the Criminal Procedure Code directing the third respondent to expeditiously complete the investigation and file final report in Crime No.631 of 2020 on the file of the third respondent within the time stipulated by this Court.

For Petitioner :

Mr.R.Alagumani For Respondents :

Mr.A.P.G.Ohm Chairma Prabhu Government Advocate(Crl.side)

O R D E R

This criminal original petition has been filed seeking a direction to direct the third respondent police to file a final report in Crime No. 631 of 2020 on his file within the period that may be stipulated by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) 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 1/3

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.

4.In this regard, when the petition is taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondents police, on instructions, would submit that the petition mentioned First Information Report in Crime No.631 of 2020, dated 21.08.2020 was registered for the offence punishable under Sections 294(b), 323, 324, 506(ii) and 307 of I.P.C. After registration of the case, due to COVID-19 pandemic, the third respondent herein unable to complete the investigation immediately. However, he undertakes to complete the investigation within a period of three months from today. The said submission is recorded.

5.In view of the above, this Court directs the third respondent police to complete the investigation in Crime No.631 of 2020, pending on his file and file a final report within a period of three months from today.

6.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) CP Note : In view of the present lock down owing to COVID19 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, Office of the Commissioner of Police, 2.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Law and Order, 2/3

3.The Inspector of Police, Palakarai Police Station, 4.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R. ALAGUMANI, Advocate ( SR-18861[F] dated 01/10/2020 ) 01.10.2020 DKS(CO) KM (15.10.2020) 3P 6C 3/3