Allowed

Dr.P.G.M. Sivakumar, 36 Yrs, v. the Deputy Superintendent of

Madras HC18 Sept 2017CRL OP/19534/2017

Case brief

AI extract

What is this about?

In continuation of an earlier order dated 18.09.2017, the Court modified the direction given to the police to file the final report on Investigation in Crime No. 6/2016 within three weeks instead of six weeks from the date of receiving the order.

What did the court decide?

Direction given to the second respondent to complete investigation and file the final report within three weeks from receipt of order copy.

Dr.P.G.M. Sivakumar, 36 Yrs, Vs the Deputy… — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.09.2017

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CORAM

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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Crl.O.P.No.19534 of 2017

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Dr.P.G.M.Sivakumar ... Petitioner
Vs
1.The Deputy Superintendent of Police,
District Crime Branch,
Kanchipuram.
2.The Sub-Inspector of Police,
District Crime Branch,
Kanchipuram. ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to
direct the respondents to complete the investigation in Crime
No.6/2015, within a period of two weeks.
For Petitioner : Mr.P.Krishnan
For Respondents : Mr.P.Govindarajan, APP

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O R D E R

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This Criminal Original Petition has been filed seeking a direction

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to the respondents to complete the investigation and to file the charge sheet in Crime No.6/2015, pending on the file of the second respondent police.

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2.By consent of both sides, this Criminal Original Petition is taken up for disposal.

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http://www.judis.nic.in

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3.Whenever any information in relation to commission of cognizable or non cognizable offence is received, the police officer shall adhere to the procedure contemplated under Sections 154 & 155 of the Criminal Procedure Code and after conducting necessary enquiry/investigation, file charge sheet under Section 173 of Cr.P.C. Such investigation under Chapter XII of the Criminal Procedure Code shall be completed without any unnecessary delay. The delay in filing the charge sheet in the present case is inordinate and unjustified. Hence, it would be appropriate to direct the Investigating Officer to file a charge sheet within a stipulated time, if not already filed.

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4.Considering the facts and circumstance of the case, this Court directs the second respondent police to complete the investigation in Crime No.6/2015, pending on his file and file a charge sheet within a period of six weeks from the date of receipt of a copy of this order, if not already. This Criminal Original Petition is disposed of accordingly.

18.09.2017

Index:Yes rm/ak

M.S.RAMESH, J.

This matter is posted today before this Court under the

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http://www.judis.nic.in

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caption 'For Being Mentioned' at the instance of the learned counsel for the petitioner.

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2.The learned counsel for the petitioner submitted that this Court, by an order dated 18.09.2017 in Crl.O.P.No.19534 of 2017, has directed the second respondent to completed the investigation in Crime No.6 of 2015, pending on his file and file a charge sheet within a period of six weeks from the date of receipt of a copy of that order. He further submitted that the second respondent may be directed to file a final report “within a period of three weeks” instead of “within a period of six weeks”. Thus he prayed for suitable directions.

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Considering the submissions of the learned counsel for the petitioner, in continuation of earlier order dated 18.09.2017 in Crl.O.P.No.19534 of 2017, there shall be a direction to the second respondent to complete the investigation in Crime No.6 of 2016 within a

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period of three weeks from the date of the receipt of a copy of this Order. Registry is directed to correct and issue order copy afresh.

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02.11.2017

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rts

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Note : Issue order copy on or before 03.11.2017

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1.The Deputy Superintendent of Police, District Crime Branch, Kanchipuram.

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2.The Sub-Inspector of Police, District Crime Branch, Kanchipuram.

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3.The Public Prosecutor, High Court, Madras.

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M.S.RAMESH.J,

rm/ak

Crl.O.P.No.19534 of 2017

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18.09.2017

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http://www.judis.nic.in

Dr.P.G.M. Sivakumar, 36 Yrs, v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

Dr.P.G.M. Sivakumar, 36 Yrs, v. the Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

What the court decided

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