Madras High CourtCRL OP(MD)/12251/2019disposed of

Gunasekar v. The Inspector Of Police

2019-09-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.12251 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.12251 of 2019 Gunasekar ... Petitioner/5th Accuesd Vs 1.The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Manapparai Taluk, Tiruchirappalli District.

... 1st Respondent/Complainant Crime No.114 of 2013 2.Chellammal ... 2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to file final report in Crime No.114 of 2013 within a stipulated time frame as fixed by this Court. For Petitioner : Mr.T.M.Madasamy For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the 1st respondent to file final report in Crime No.114 of 2013.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) for the first 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12251 of 2019 time, if not already filed.

4.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.114 of 2013, 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. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Manapparai Taluk, Tiruchirappalli District.

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

+1 CC to M/s.T.M.MADASAMY, Advocate ( SR-84797[F] dated 03/09/2019 ) Crl.O.P.(MD)No.12251 of 2019 03.09.2019 aav JMN(18.09.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2