Madras High CourtCRL OP(MD)/12307/2022allowed

Kumar v. The Superintendent Of Police

2022-07-08Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.12307 of 2022 Kumar ... Petitioner Vs

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

2. The Inspector of Police, District Crime Branch, Thanjavur (Crime No. 68 of 2021).

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent Police to expedite the investigation in Cr.No.68 of 2021 and file the final report, within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.B.Anandan For Respondents : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the second respondent Police to expedite the investigation in Cr.No.68 of 2021 and file the final report within a stipulated time as may be fixed by this Court. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 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 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.

2/4

4.Considering the facts and circumstance of the case, this Court directs the second respondent Police to complete the investigation in Crime No. 68 of 2021, pending on his file and file a final report, within a period of three months, from the date of the receipt of a copy of this Order. 5.This Criminal Original Petition is disposed of accordingly. 08.07.2022 Internet:Yes./No Index:Yes/no PNM To

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

2. The Inspector of Police, District Crime Branch, Thanjavur (Crime No. 68 of 2021).

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

3/4

V.SIVAGNANAM, J.

PNM ORDER IN CRL.O.P (MD) No.12307 of 2022 08.07.2022 4/4