Madras High CourtCRL OP(MD)/10684/2020disposed of

Mallika v. The Superintendent Of Police

2020-10-01Honourable Mr Justice R. Pongiappan2 pages

Crl.OP.(MD) No.10684 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.10684 of 2020 Mallika ... Petitioner -vs1. The Superintendent of Police, Tirunelveli Distirct, Tirunelveli.

2. The Inspector of Police, Moolakaraipatty Police Station, Moolakaraipatty, Tirunelveli District.

(Crime No.33 of 2020) ... Respondents PRAYER: Petition filed under Section 482 of the Criminal Procedure Code directing the second respondent police to investigate the case in Crime No.33 of 2020 pending on their file and to file the final report before the appropriate Court within the time stipulated by this Court.

For Petitioner :

Mr.P.Pethu Rajesh 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 second respondent to investigate the case in Crime No.33 of 2020 pending on his file and to file a final report before the appropriate Court within the time 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 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.

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Crl.OP.(MD) No.10684 of 2020 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 undertake to complete the investigation within a period of two months from today. The said submission is recorded.

5.In view of the above, this Court directs the second respondent police to complete the investigation in Crime No.33 of 2020, pending on his file and file a final report within a period of two months from today.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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, Tirunelveli Distirct, Tirunelveli.

2. The Inspector of Police, Moolakaraipatty Police Station, Moolakaraipatty, Tirunelveli District.

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

+1 CC to Mr.P. PETHU RAJESH, Advocate SR-18799. Crl.O.P.(MD)No.10684 of 2020 01.10.2020 PM(CO) CS(07.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2