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2022 Supreme(Online)(Mad) 63978
MADRAS HIGH COURT
Honourable Mr Justice M. NIRMAL KUMAR
C.VIJAY ANAND – Appellant
Versus
STATE REP BY – Respondent
CRL OP/25720/2021
The police are obligated to file a final report or closure report in a timely manner.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - DELAY IN FILING FINAL REPORT - DIRECTIONS TO POLICE TO FILE FINAL REPORT WITHIN SIX MONTHS
Fact of the Case:
The petitioner filed a criminal original petition under Section 482 of the Code of Criminal Procedure (CrPC) to direct the police to secure the accused, recover a NOC, and file a final report in a case registered in 2019.
Finding of the Court:
The court noted that the police had not filed a final report in the case despite registering it in 2019.
Issues: Delay in filing the final report by the police.
Ratio Decidendi: The court directed the police to file a final report or closure report within six months from the date of receipt of the order.
Final Decision: The court disposed of the petition with the direction to the police to file the final report within six months.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.25720 of 2021
C.Vijay Anand
...Petitioner/Defacto Complainant
Versus
1.The State,
Rep. by the Inspector of Police,
K-10, Koyambedu Police Station,
Chennai.
2.Ramesh
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of
Cr.P.C. to direct the first respondent police to secure the
accused and recover the NOC (issued by TATA Finance Limited on
11.12.2020) from the accused in Crime NO.1007 of 2019 and file
the final report within the time frame issued by this Court.
For Petitioner :
Mr.J.Chelladurai Caldwell
For R1
:
Mr.E.Raj Thilak
Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct
the first respondent police to secure the accused and recover
the NOC (issued by TATA Finance Limited on 11.12.2020) from
the accused in Crime NO.1007 of 2019 and file the final report
within the time frame issued by this Court.
2.Heard the learned counsel appearing for the petitioner
and the learned Additional Public Prosecutor appearing on
behalf of the respondent.
3.The learned counsel for the petitioner would submit
that though the respondent has registered a case in the above
said crime number on 25.10.2019, no final report is filed till
date.
https://hcservices.ecourts.gov.in/hcservices/
4.The learned Additional Public Prosecutor appearing for
the respondent would submit that the respondent police may be
permitted to file a final report within a period of six
months.
5.In view of the above, the respondent police is directed
either to file a final report or closure report, as the case
may be, within a period of six months preferably, from the
date of receipt of a copy of this order under due intimation
to the defacto complainant.
6.With the above direction, this Criminal Original
Petition is disposed of.
Sd/-
Assistant Registrar (CO)
//True Copy//
Sub Assistant Registrar
ah
To
1.The Inspector of Police,
K-10, Koyambedu Police Station,
Chennai.
2.The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.25720 of 2021
SVI (CO)
PR (10/01/2022)
https://hcservices.ecourts.gov.in/hcservices/
