Madras High CourtCRL OP(MD)/17217/2019disposed of

V. Stephen v. The Superintendent Of Police

2019-11-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.17217 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.17217 of 2019 V.Stephen ... Petitioner Vs

1. The Superintendent of Police Nagercoil, Kanyakumari District

2. The Inspector of Police District Crime Branch Nagercoil, Kanyakumari District ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent to file final report in Crime No. 23 of 2019 dated 02.02.2019 on the file of the District Crime Branch, Nagercoil, Kanyakumari District within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent to file final report in Crime No. 23 of 2019 dated 02.02.2019 on the file of the District Crime Branch, Nagercoil, Kanyakumari District. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) 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 time, if not already filed.

4.Considering the facts and circumstance of the case, this Court directs the second respondent police to complete the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17217 of 2019 investigation in Crime No. 23 of 2019 pending on his file and file a final report within a period of two months from the date of the receipt of a copy of this Order.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police Nagercoil, Kanyakumari District

2. The Inspector of Police District Crime Branch Nagercoil, Kanyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-101341[F] dated 26/11/2019 ) Crl.O.P.(MD)No.17217 of 2019 25.11.2019 KK/SAR/12.12.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2