Madras High CourtCRL OP(MD)/13023/2022disposed of

Chandra v. The Commissioner Of Police

2022-07-20Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.13023 of 2022 Chandra ... Petitioner Vs 1.The Commissioner of Police, Office of the Commissioner of Police, Trichy City.

2.The Assistant Commissioner of Police, Ponmalai, Trichy City.

3.The Inspector of Police, Airport Police Station, Trichy City.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondent No.2 to file the final report in Crime No.327 of 2022 dated 17.04.2022 and proceed with the same as per law. For Petitioner : Mr.R.Venkatesan For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to file the final report in Crime No.327 of 2022 dated 17.04.2022 and proceed with the same as per law. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.The learned counsel appearing for the petitioner submitted that as per Rule 7(2) of SC and ST (POA) Rules, 1995, the investigating officer shall complete the investigation and file the charge sheet within a period of 60 days.

4.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 2/5

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.

5.Considering the facts and circumstance of the case, this Court directs the third respondent police to complete the investigation in Crime No. 327 of 2022, pending on his file and file a final report, within a period of one month as per the statutory rule 7 (2) of SC and ST (POA) Rules, 1995, from the date of the receipt of a copy of this Order. 6.This Criminal Original Petition is disposed of accordingly. 20.07.2022 Internet:Yes./No Index:Yes/no vsg 3/5

To 1.The Commissioner of Police, Office of the Commissioner of Police, Trichy City.

2.The Assistant Commissioner of Police, Ponmalai, Trichy City.

3.The Inspector of Police, Airport Police Station, Trichy City.

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.13023 of 2022 20.07.2022 5/5