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Madras High CourtCRL OP(MD)/11119/2018ordered

V.Prabhu v. The Superintendent Of Police

2019-11-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No. 11119 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.11119 of 2018 V.Prabhu

...Petitioner

-Vs1.The Superintendent of Police Theni District, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam Division, Theni District.

3.The Inspector of Police, Gudalur South Police Station, Theni District.

4.The Sub Inspector of Police, Gudalur South Police Station, Theni District.

5.Seemai Samy, The Deputy Superintendent of Police, Uthamapalayam Division, Theni District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer investigation of the case in Crime No.115 of 2018, pending on the file of the third respondent Police to any other independent agency or officer under the direct supervision of the first respondent and further to file the final report in the said case within a reasonable time period as fixed by this Court.

For Petitioner : Mr.P.Gunasekaran For R-1 to R-4 : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation of the case in Crime No.115 of 2018, pending on the file of the third respondent Police to any other independent agency and further to file the final report in the said case.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondents 1 to 4.

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Crl.O.P.(MD) No. 11119 of 2018

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 third respondent police to complete the investigation in Crime No.115 of 2018 and file the final report within a period of four 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(CS-II) // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Superintendent of Police Theni District, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam Division, Theni District.

3.The Inspector of Police, Gudalur South Police Station, Theni District.

4.The Sub Inspector of Police, Gudalur South Police Station, Theni District.

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

Crl.O.P.(MD)No.11119 of 2018 13.11.2019 PK(CO) TR(26.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2