L.Muthukaruppan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.11598 of 2022 L.Muthukaruppan ... Petitioner Vs 1.The Superintendent of Police, O/o.The Superintendent of Police, Thiruchirappalli District, Thiruchirappalli.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Manapparai Sub-Division, Manapparai, Thiruchirappalli District.

3.Ramanathan 4.The Inspector of Police, Puthanatham Police Station, Puthanatham, Thiruchirappalli District. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first respondent to appoint any other competent authority except the third respondent to investigate the case in Crime No.70 of 2022 on the file of the fourth respondent police station and complete the investigation and file a final report as per the provisions contemplated in Rule 7 of the SC and ST (POA) rules 1995.

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For Petitioner : Mr.S.P.Naveen Kumar For Respondents : Mr.R.Suresh Kumar 1,2 & 4 Government Advocate (Crl.Side)

O R D E R

This Criminal original Petition has been filed to direct the first respondent to appoint any other competent authority except the third respondent to investigate the case in Crime No.70 of 2022 on the file of the fourth respondent police station and complete the investigation and file a final report as per the provisions contemplated in Rule 7 of the SC and ST (POA) rules 1995.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents 1, 2 and 4. 3.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 2/5

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. Hence, it would be appropriate to direct the Investigating Officer to file a final report within a stipulated time, if not already filed.

4.Considering the facts and circumstance of the case, this Court direct fourth respondent police to complete the investigation in Crime No. 70 of 2022, pending on his file and file a final report, within a period of one month, from the date of the receipt of a copy of this Order. 5.This Criminal Original Petition is disposed of accordingly. 29.06.2022 Internet:Yes./No Index:Yes/no vsg 3/5

To 1.The Superintendent of Police, O/o.The Superintendent of Police, Thiruchirappalli District, Thiruchirappalli.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Manapparai Sub-Division, Manapparai, Thiruchirappalli District.

3.The Inspector of Police, Puthanatham Police Station, Puthanatham, Thiruchirappalli District.

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

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V.SIVAGNANAM, J.

vsg ORDER IN CRL.O.P (MD) No.11598 of 2022 29.06.2022 5/5