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Madras High CourtCRL OP(MD)/14597/2019ordered

R. Sivaraman v. The Inspector Of Police

2019-10-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.14597 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.14597 of 2019 R.Sivaraman ... Petitioner/Defacto Complainant Vs The Inspector of Police District Crime Branch Thanjavur District Crime No.13 of 2019 ... Respondent/Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent herein to investigate the case in Cr.No.13 of 2019 on the file of the respondent police and file a final report before the concerned Judicial Magistrate within the time stipulated by this Honourable Court For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent to file final report in Crime No.13 of 2019 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) for the 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 time, if not already filed.

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Crl.O.P.(MD)No.14597 of 2019 4.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.13 of 2019 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 (Writs) /TRUE COPY/ Sub Assistant Registrar aav To 1.The Inspector of Police District Crime Branch Thanjavur District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-92183[F] dated 16/10/2019 ) Crl.O.P.(MD)No.14597 of 2019 16.10.2019 JM/30.10.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2