Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
M. Ganesan – Appellant
Versus
The State of Tamilnadu Rep. – Respondent
CRL. OP(MD). No.19944 of 2024
Based on the provided legal document, the key points are as follows:
The investigation into the theft case involving the petitioner’s jewels and cash was initially conducted by the police, who registered a case and attempted to identify the accused. However, the police were unable to detect the culprit and subsequently closed the case as "undetectable" without filing a final report before the magistrate, which is contrary to legal requirements (!) (!) .
The court emphasized that once an investigation is completed, a final report must be filed under Section 173(2) of the Criminal Procedure Code (Cr.P.C.). An interim report stating that the crime is "undetectable" does not signify the completion of investigation and does not terminate the process. Such a report is not a judicial order and does not conclude the investigation, which must continue until a final report is filed (!) .
The police's act of closing the case as "undetectable" without submitting a final report is not in accordance with the law. The proper procedure requires the investigation to remain open and active until the case is appropriately closed or the accused is identified (!) .
The court held that the case should not be transferred to another investigation agency merely because the police could not detect the culprit initially. Instead, the case must be transferred because the investigation was improperly closed without following the legal process, and the investigation remains pending (!) .
The court directed the first respondent (the authority responsible for overseeing investigations) to transfer the case from the current police agency to another impartial investigation agency within one month. The new agency is then required to conduct an effective and thorough investigation without delay (!) .
The overall decision underscores the importance of adhering to proper investigative procedures, particularly the necessity of filing a final report after completing an investigation, and highlights that closure of a case as "undetectable" without such a report is unlawful.
| Table of Content |
|---|
| 1. court emphasizes case procedure adherence. (Para 5) |
| 2. closure without report contradicts legal requirements. (Para 7) |
| 3. mandate for effective case transfer. (Para 8 , 9) |
O R D E R
This petition has filed by the petitioner to direct the first respondent to re-open the investigation in Crime No.143 of 2021 on the file of the second respondent police and transfer the same to any other impartial investigation agency.
2. The learned counsel appearing for the petitioner would submit that the petitioner is the defacto complainant in this case. On 05.12.2021 the petitioner along with his family members went to Tiruchendur Murugan temple and at that time he took 36 sovereigns of gold jewels and Rs.40,000/-. Thereafter he booked room at Venkateswara Lodge and on the next day on 06.12.2021 at about 7.00a.m., he went to the temple for dharshan along with his family members by carrying jewels and cash in his bags. While so after having dharshan when he reached Kodimaram he found the jewels and cash were stolen by some one from his bag. Then he immediately lodged a complaint before the second respondent on the same day and they also monitored CCTV footages of the cameras installed around the Sannithanam and found that some unknown persons had put blade on the petitioner’s bag and stolen the jewels Thereby the second respondent registered a case and thereafter they conducted investigation and closed the case as undetected. The second respondent also served notice to the petitioner and not filed final report before the learned Magistrate. Therefore the act of the second respondent by closing the case as undetected is against law and the Hon'ble Full Bench of this Court in Chinnathambi @ Subramani .vs. The Inspector of Police, Vellakovil Police Station, Tirupur District has held that if once the investigation is completed, then only a report could be filed underSection 173(2)Cr.P.C A report of this kind where the Police Officer states that the crime is undetectable, does not terminate the investigation and thus, the investigation is construed to be in progress. It is like an interim report not falling within the scope ofSection 173(2)Cr.P.C. Therefore closure of complaint as undetectable is liable to be set aside and the investigation has to be transferred to some other investigation agency.
3. The learned Government Advocate(Crl.Side) appearing for the respondents would submit that the petitioner lodged a complaint before the second respondent for theft of 36 sovereigns of jewels and Rs.40,000/- for which they registered a case in crime No.143 of 2021 for the offence under Section 379 of IPC. Thereafter they conducted detailed investigation and unable to detect the accused, therefore the case was closed as undetected and notice was also served to the petitioner. Whenever they receive any information about the crime they will reopen the case and will investigate the case, thereby the petition is liable to be dismissed.
4. Heard both sides and perused the materials available on record.
5. The defacto complainant lost his jewels and cash, thereby he lodged a complaint before the second respondent and the second respondent registered a case in Crime No.143 of 2021 for the offence under Section 379 of IPC. Thereafter the second respondent conducted investigation and they are unable to identify the accused and closed the case as undetectable thereby they served notice to the petitioner. According to the petitioner the second respondent cannot close the case as undetected and they have to keep the case pending and they have to conduct proper investigation. Therefore the closure of complaint as undetected is challenged through this petition. As per Section 173(2) of Cr.P.C., after completion of investigation they have to file final report before the jurisdictional magistrate but in this the case has been closed as undetectable. So far the respondent police have not filed final report before the concerned Court. The petitioner also fil
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
