Madras High CourtCRL OP(MD)/16780/2021disposed of

S.Santhiya v. The Superintendent Of Police

2022-02-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.16780 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.16780 of 2021 S.Santhiya ... Petitioner Vs 1.The State of Tamil Nadu, Rep. Through the Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of police, All Women Police Station, Pattukottai, Thanjavur District, (Crime No.18 of 2021).

3. Jayannath ... Respondents (R3 Suo moto impleaded by this Court by order dated 29/10/2021 in CRL OP.16780/2021) Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to file final report in FIR in crime No. 18 of 2021 dated 30.09.2021 within a time stipulated by this court and pass any other order deem fit to the fact and circumstances of the case thus render justice. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondent : Mr.R.M.Anbunithi No. 1 to 2 Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct direct the respondent to file the Final Report in FIR in crime No. 18 of 2021 dated 30.09.2021 on the file of the second respondent police within the time frame fixed by this Court. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16780 of 2021 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. 18 of 2021, pending on his file and file a final report, within a period of eight 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 (RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The Superintendent of Police, The State of Tamil Nadu, Thanjavur District, Thanjavur.

2. The Inspector of police, All Women Police Station, Pattukottai, Thanjavur District,

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-9074[F] dated 28/02/2022 ) ORDER IN Crl.O.P.(MD)No.16780 of 2021 25.02.2022 SS/07.03.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2