Madras High CourtCRL OP(MD)/11103/2019disposed of

G.Subash Chanrdabose v. The Inspector Of Police

2019-11-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.11103 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.11103 of 2019 G.Subash Chandrabose

...Petitioner

Vs.

The State Rep. by The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

(Crime No.371 of 2012) ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent police to file a final report in Cr.No.371 of 2012 before the concern Jurisdictional Judicial Magistrate Court within stipulated time fixed by this Court.

For Petitioner : Mr.P.Balamurugan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to file a final report in Cr.No.371 of 2012 before the concern Jurisdictional Judicial Magistrate Court within stipulated time.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent police.

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.

4. Considering the facts and circumstance of the case, this Court directs the second respondent police to complete the investigation in Crime No.371 of 2012 pending on his file and file https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11103 of 2019 the final report within a period of two weeks from the date of the receipt of a copy of this order.

5. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

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

SMA/16/12/19/2P/3C Crl.O.P.(MD)No.11103 of 2019 11.11.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2