S.Thilaga vs The State Rep.By on 30 April, 2019

[Cites 5, Cited by 0]

Madras High Court

S.Thilaga vs The State Rep.By on 30 April, 2019

Bench: G.K.Ilanthiraiyan

                                                              1

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 30.04.2019

                                                           CORAM:

                                  THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                  Crl.O.P.No.11946 of 2019

                      S.Thilaga                                                             ... Petitioner
                                                             Vs

                      The State rep.by
                      The Inspector of Police,
                      Kondampalayam Police Station,
                      Crime No.165 fo 2018,
                      Vellore.                                                             ... Respondent


                      Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to issue a
                      direction to the Respondent police to file the final report in Crime No.165 of 2018
                      before the learned Judicial Magistrate No.1, Sholinghur within the time stipulated
                      by this Hon'ble Court.


                                   For Petitioner        : Mr.G.Indiiumathi
                                   For Respondent        : Mr.M.Mohamed Riyaz,
                                                           Additional Public Prosecutor.

                                                           ORDER

This Criminal Original Petition has been filed seeking a direction to the Respondent police to file the final report in Crime No.165 of 2018 before the learned Judicial Magistrate No.1, Sholinghur within the time stipulated by this Hon'ble Court.

http://www.judis.nic.in 2

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 respondent police to complete the investigation in Crime No.165 of 2018 pending on his file and file a final report within a period of three months from the date of the receipt of a copy of this Order.

5. This Criminal Original Petition is disposed of accordingly.

30.04.2019 Internet:Yes Index:Yes/No Speaking/Non speaking order vsn http://www.judis.nic.in 3 To

1.The Inspector of Police, Kondampalayam Police Station, Crime No.165 fo 2018, Vellore.

2.The Judicial Magistrate No.1, Sholinghur.

3.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in 4 G.K.ILANTHIRAIYAN. J, vsn Crl.O.P.No.11946 of 2019 30.04.2019 http://www.judis.nic.in

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