Madras High CourtCRL OP(MD)/18376/2019disposed of

R. Parthasarathian v. The Superintendent Of Police

2019-12-09Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.18376 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.18376 of 2019 R.Parthasarathian ... Petitioner Vs

1. The Superintendent of Police Kanyakumari District at Nagercoil

2. The Inspector of Police District Crime Branch Kanyakumari District at Nagercoil (Cr.No.12/2003)

3. The Inspector of Police Kaliyakkavilai Police Station Kanyakumari District ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to file a final report in Crime No. 13 of 2003 on the file of the third respondent within a time frame that may be fixed by this Honourable Court.

For Petitioner : Mr.S.C. Herold Singh For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondents to file a final report in Crime No. 13 of 2003 on the file of the third respondent

2. The learned Additional Public Prosecutor would submit that originally the case was dealt by the second respondent herein and subsequently as per the direction of the Deputy Superintendent of Police, Kanyakumari District the case has been transferred to this respondent herein and the third respondent has given requisition to the learned Judicial Magistrate No.I, Kulithalai for sending some documents to the forensic department for chemical report. However he seeks six months time to complete the investigation. 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 https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.18376 of 2019 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 third respondent police to complete the investigation in Crime No. 13 of 2003 , pending on his file and file a final report within a period of six 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 Kanyakumari District at Nagercoil

2. The Inspector of Police District Crime Branch Kanyakumari District at Nagercoil

3. The Inspector of Police Kaliyakkavilai Police Station Kanyakumari District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M/S.S.C.HERLD SINGH, Advocate ( SR-104285[F] dated 10/12/2019 ) Crl.O.P.(MD)No.18376 of 2019 09.12.2019 SMA/26/12/2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2