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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.MALA, J.
K.Thirunavukkarasu - Petitioner
Vs.
The Deputy Superintendent of Police & Anr. - Respondents
CRL.O.P.(MD)No.16404 of 2015
Decided On : 28.10.2015
Section 482 - Criminal Procedure - Direction to complete investigation and file final report
Fact of the Case:
The petitioner sought a direction to the police to complete the investigation and file a final report for a case registered under various sections of the Indian Penal Code and the SC/ST POA Amendment Act.
Finding of the Court:
The court considered the submissions from both sides and noted the date of occurrence, registration of the case, and the ongoing investigation. It granted three months for the investigation to be completed and a final report to be filed.
Issues: Completion of investigation and filing of final report for a criminal case
Ratio Decidendi: The court balanced the petitioner's request for timely action with the ongoing investigation, ultimately granting a reasonable period for the investigation to be completed.
Final Decision: The court directed the second respondent to complete the investigation and file a final report within three months.
The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking a direction to the first respondent police to complete the investigation and file a final report in Crime No.65 of 2015 pending on the file of the first respondent within a time frame as fixed by this Hon'ble Court.
2. Heard the submissions made by the learned counsel appearing on either side.
3. The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, a case has been registered in Crime No.65 of 2015 on 20.04.2015 for the offences punishable under Sections 294(b), 447, 506(ii) IPC r/w Section 3(1)(r) & (s) 3(2) (va) SC/ST POA Amendment Act Ordinance 2014. However, the second respondent has not shown any interest to investigate the matter and lay a final report. Hence, the petitioner has come up with the present petition for the relief as stated above.
4. Resisting the same, the learned Government Advocate (Crl.side) would submit that the investigation is going on and hence, he prays for four months time to complete the investigation and file a final report.
5. Considering the submissions made on both sides and also considering the fact that the alleged occurrence took place on 15.04.2015 and on the basis of the complaint given by the petitioner, after due enquiry, the case in Crime No. 65 of 2015 on has been registered as early as on 20.04.2015 for the offences punishable under Sections 294(b), 447, 506(ii) IPC r/w Section 3(1) (r) & (s) 3(2) (va) SC/ST POA Amendment Act Ordinance 2014 , this Court is inclined to grant three months time to the respondents to complete the investigation and file a final report.
6. Accordingly, the second respondent is directed to complete the investigation in Crime No.65 of 2015 and file a final report, within a period of three months from the date of receipt of copy of this order.
7. The Criminal Original Petition is disposed of with the above direction.
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