Madras High CourtCRL OP(MD)/15022/2019disposed of

E. Nithiya Gowsalya v. The Inspector Of Police

2019-10-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15022 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15022 of 2019 E.Nithya Gowsalya ... Petitioner Vs The Inspector of Police Kurumbur Police Station Thoothukudi District Crime No.35 of 2016 ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police expedite the investigation in Crime No.35 of 2016 dated 23.02.2016 and file final report within a time frame as may be fixed by this Honourable Court. For Petitioner : Mr.J.David Ganesan 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.35 of 2016.

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.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstance of the case, this 1/2

Crl.O.P.(MD)No.15022 of 2019 Court directs the respondent police to complete the investigation in Crime No.35 of 2016, pending on his file and file a final report within a period of four weeks from the date of the receipt of a copy of this Order.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Inspector of Police Kurumbur Police Station Thoothukudi District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.15022 of 2019 22.10.2019 JMN(06.11.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2