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Madras High CourtCRL OP(MD)/16851/2019dismissed as infructuous

Syed Ahamed v. The Superintendent Of Police

2019-11-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.16851 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.16851 of 2019 Syed Ahamed

...Petitioner

Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent No.2 to file the final report in Crime No.57 of 2019 on the file of the Respondent No.2 police Station within a time frame fixed by this Court. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the second respondent police to file the final report in Crime No.57 of 2019 on the file of the second respondent police. 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.

4.Considering the facts and circumstance of the case, this Court directs the second respondent police to complete the investigation in Crime No.57 of 2019 pending on his file and file a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.16851 of 2019 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 (AD I) // True Copy // Sub Assistant Registrar(CS) vsg To 1.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court +1CC TO MR.S.M.A.JINNAH, ADVOCATE, SR NO.99251 Crl.O.P.(MD) No.16851 of 2019 18.11.2019 KK/SAR/12.12.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2