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Madras High CourtCRL OP(MD)/13279/2018disposed of

Joseph Gerald, v. The Inspector Of Police

2019-11-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.13279 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.13279 of 2018 Joseph Gerald ... Petitioner Vs The Inspector of Police, District Crime Branch, Kanyakumari crime No.13/16 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondent to investigate into the matter and to file final report in Crime No.13 of 2016 on the file of the respondent within the time stipulation as prescribed by this Court.

For Petitioner :

Mr.P.Samuel Gunasingh For Respondent :

Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the respondent to investigate into the matter and to file final report in Crime No.13 of 2016 on the file of the respondent within the time stipulation as prescribed by this Court.

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.

3.

Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.13 of 2016 pending on his file and file a final report within a period of four (4) weeks from the date of the receipt of a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13279 of 2018 copy of this Order.

4.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(Writs) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Inspector of Police, District Crime Branch, Kanyakumari.

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

Order made in CRL.O.P (MD) No.13279 of 2018 15.11.2019 ma(CO) TR(29.11.2019)2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2