Madras High CourtCRL OP(MD)/16911/2019disposed of

D. Christal Leenus v. The Superintendent Of Police

2019-11-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.16911 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.16911 of 2019 D.Christal Leenus ... Petitioner Vs

1. The Superintendent of Police Kanyakumari District Nagercoil

2. State rep. by The Inspector of Police Boothapandy Police Station Kanniyakumari District (Crime No.114 of 2018) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd Respondent Police to expedite the investigation in Crime No.114 of 2018 dated 19.04.2018 and file the final report within a stipulated time as may be fixed by this Hon`ble Court For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.R.Anandaraj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the 2nd Respondent Police to expedite the investigation in Crime No.114 of 2018 dated 19.04.2018 and file the final report within a stipulated time.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16911 of 2019 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. 114 of 2018 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(CS-III) (*) Amended as per order of this Hon'ble Court dated 18.12.2019 Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) aav To (*) to be substituted the order already despatched on 11.12.2019

1. The Superintendent of Police Kanyakumari District Nagercoil

2. The Inspector of Police Boothapandy Police Station Kanniyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.D.SRINIVASARAGAVAN, Advocate Sr. No. 105696 Crl.O.P.(MD)No.16911 of 2019 19.11.2019 KG(CO) TR(10.12.2019)2P 5C TR(03.01.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2