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2025 Supreme(Online)(Mad) 42860
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
R.Irula Ganesh – Appellant
Versus
The State rep by the Inspector of Police, Sayalkudi Police Station, Ramanathapuram District. – Respondent
CrlOP(MD)No.11451 of 2025
For the Appellants/Petitioners: Ms.P.Krishnaveni
For the Respondents:Mr.P.Kottaichmay, No.1 Government Advocate (Crl Side)
The court highlighted the imperative for timely police investigations and accountability in the prosecution process, ensuring prompt justice delivery.
Headnote:(A) Criminal Procedure Code - Section 528 - Delay in investigation and filing final report - Petitioner, accused in crime No.77 of 2018, urges for speedy investigation due to its impact on his career - Court directs police to re-present final report within specified time limits. (Paras 3, 4, 11)
(B) Accountability of Police - Procedure for filing final reports and ensuring timely justice - Obligation of higher officials to supervise and ensure redressal of complaints at all stages is emphasized, noting the systemic delays in body. (Paras 8, 10, 12)
Facts of the case:
The petitioner claims wrongful accusation and seeks direction for completion of investigation in a theft case to alleviate career disruption.
Findings of Court:
Direction given to the Judicial Magistrate for timely filing and acknowledgment of the final report to enhance accountability in procedural compliance.
Issues: The main issues involve the effect of prolonged pending cases on the accused's career and the adequacy of police follow-up in prosecution processes.
Ratio Decidendi: The court emphasized the necessity for accountability in investigation procedures and the importance of timely justice delivery to preserve faith in the legal system.
Result: The Criminal Original Petition is closed with specific directions for timely action regarding the final report.
| Table of Content |
|---|
| 1. accused petition for direction due to career impact. (Para 1) |
| 2. accusations against the petitioner and career implications. (Para 2 , 3) |
| 3. status of the investigation and case documentation. (Para 4 , 6) |
| 4. court's concern over the investigation process. (Para 7) |
| 5. judicial directions for streamlined reporting and investigation. (Para 8 , 9 , 12) |
| 6. importance of timely report filing and police accountability. (Para 10 , 11) |
ORDER
The petitioner / A2 in crime No.77 of 2018 on the file of the Inspector of Police, Sayalkudi Police Station, Ramanathapuram has filed this petition seeking a direction to the 1st respondent police to complete the investigation and file the final report in Crime No.77 of 2018.
2.The grievance of the petitioner is that he is studying final year LLB in the Government Law College, Trichy. He has been falsely added as an accused in this case and the pendency of this case would affect his career.
3.The case in crime No.77 of 2018 was registered on 28.05.2018 on the complaint of defacto complainant one A.Packiyam. The defacto complainant claims that he was away from his house on 26.05.2018 along with his wife and daughter for his relatives marriage. When they returned home on 27.05.2018 they found his safe almirah broke open and jewels worth about Rs.1,18,000/- and cash Rs.85,000/- were stolen. He lodged a complaint on 28.05.2018 and the same was registered in Crime No.77 of 2018 for the offence under Sections 457 and 380 IPC.
Though the petitioner's name has not been mentioned in the FIR, he was subsequently added. He was arrested on 26.07.2018 and he was also released on bail in CrMP.No.4758 of 2018 on 30.08.2018. Since the petitioner is facing the criminal case, he has filed this petition seeking the above direction.
4.The learned Government Advocate (CrlSide) on instructions submits that the investigation in Crime No.77 of 2018 has already been completed and final report is also filed before the learned Judicial Magistrate, Kadaladi. However it is returned for certain defects. He further submits that due to inadvertence the final report is not re-presented and they undertake to re-present it within a period of two weeks.
5.This Court considered the rival submissions made.
6.Strangely the accused has approached this Court seeking a direction to the respondent police to file a final report. The police claim that the final report has already been filed, however, it is returned for certain defects.
7.The Inspector General of Police (South Zone) has already issued circular with a check list in RC.No.12/Camp/S.Z/2020, dated 16.09.2020 (Circular No.4 of 2020) for filing final reports for different offences. Even thereafter the defective final reports are filed. Some courts are not taking the final reports immediately and in most of the cases the returned final reports are not re-presented. This is one such a case.
8.The issue has already been addressed by this Court in Cont.P(MD)No.728 of 2022 dated 20.06.2022, as under:
“3.Taking note of the submissions made by the Inspector General of Police, South Zone, I issue the following directions:
(I) As and when final reports are filed before the jurisdictional Courts, the concerned Court clerk will acknowledge receipt of the same by affixing seal with date and signature on the first page of the office copy of the final report.
(II) If such receipt is not given by the Court clerk, the concerned IO shall report to the Superintendent of Police of the concerned District within 24 hours. The Superintendent of Police shall in turn bring the same to the notice of the Principal District and Sessions Judge for remedial action. (III) Section 25(6) of the Criminal Rules of Practice, 2019 mandates that whenever final report is filed, even if it is defective, it shall not be returned for any reason whatsoever. If this mandate is breached, the same also shall be brought to the notice of the District Superintendent of Police by the concerned IO.”
9.Pursuant to the orders of t
