Madras High CourtCRL OP(MD)/12085/2019disposed of

Priya v. The Superintendent Of Police

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

Crl.O.P.(MD)No.12085 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.12085 of 2019 Priya ... Petitioner/wife of deceased Vs 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram 2.The Inspector of Police Uchipuli Police Station Ramanathapuram District ... Respondents/Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent to file the final report in Crime No. 161 of 2017 on the file of the respondent police and proceed with the same as per law.

For Petitioner : Mr.S.Vikram For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent to file the final report in Crime No. 161 of 2017 on the file of the respondent police

2. It is a case of murder registered under Section 302 of IPC and so far the respondent police has not completed the investigation and filed final report. There are totally 39accused persons in this case in which 18 persons were arrested and remanded to judicial custody and some of the accused persons were on anticipatory bail and some of the accused persons are yet to be arrested.

3. Today the second respondent appeared before this Court and stated that the case has been transferred to the Deputy Superintendent of Police, Ramnad District and now it is pending. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12085 of 2019 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.

5.Considering the facts and circumstance of the case, this Court directs the Deputy Superintendent of Police, Ramnad District to complete the investigation in Crime No.161 of 2017, pending on their file and file a final report within a period of six weeks from the date of the receipt of a copy of this Order. 6.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Deputy Superintendent of Police, Ramnad District 3.The Inspector of Police Uchipuli Police Station Ramanathapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.S. VIKRAM, Advocate SR-84900.

Crl.O.P.(MD)No.12085 of 2019 03.09.2019 CS(16.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2