BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.MALA, J.
Shanmugam - Petitioner
Vs.
The Superintendent of Police & Anr. - Respondents
CRL.O.P.(MD)No.20654 of 2015
Decided On : 29.10.2015
Section 482 - Criminal Procedure - Petition seeking direction to file final report
Fact of the Case:
The petitioner filed a petition seeking a direction to the police to file a final report in a criminal case. The police had not shown interest in investigating the matter and filing a final report.
Finding of the Court:
The court considered the submissions from both sides and noted that the case had been registered promptly after the complaint was filed. The court granted three months for the investigation to be completed and a final report to be filed.
Issues: Delay in filing final report, Petition under Section 482 of Criminal Procedure
Ratio Decidendi: Prompt registration of the case after the complaint, Granting time for completion of investigation
Final Decision: The second respondent was directed 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 direct the second respondent to file a final report in Crime No.81 of 2015 on the file of the second respondent within the stipulated time 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.81 of 2015 on 15.06.2015 for the offences punishable under Sections 294(b), 324 and 506(ii) IPC r/w Section 4 of Women Harassment Act,. 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 15.06.2015 and on the basis of the complaint given by the petitioner, after due enquiry, the case in Crime No.81 of 2015 has been registered as early as on 14.06.2015 for the offences punishable under Sections 294(b), 324 and 506(i) IPC r/w Section 4 of of Woman Harassment Act, 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.81 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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