Madras High CourtCRL OP(MD)/12212/2019disposed of

Penitha v. The Superintendent Of Police

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

Crl.O.P.(MD) No.12212 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.12212 of 2019 Penitha ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

Crime No.316 of 2019.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd respondent to file a final report in crime No.316 of 2019 on the file of the 2nd respondent police for the offence under Section 147, 294(b), 323, 506(ii) of I.P.C.and 4 of Tamil Nadu Prohibition of Harassment of Women Act. For Petitioner : Mr.V.Kannan For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side)

O R D E R

This petition has been filed by the petitioner direct the 2nd respondent to file a final report in crime No.316 of 2019 on the file of the 2nd respondent police for the offence under Section 147, 294(b), 323, 506(ii) of I.P.C. and 4 of Tamil Nadu Prohibition of Harassment of Women Act.

2.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.

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Crl.O.P.(MD) No.12212 of 2019 4.

Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.316 of 2019 pending on his file and file a final report within a period of two months from the date of the receipt of a copy of this Order.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

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

+1 CC to Mr.V. KANNAN, Advocate ( SR-84977[F] dated 04/09/2019 ) Order made in CRL.O.P (MD) No.12212 of 2019 03.09.2019 ARUL MK (17.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2