Allowed

Sebastian v. State Rep.by

Madras HC28 Sept 2020CRL OP/15228/2020

Case brief

AI extract

What is this about?

Single judge of Madras High Court, dismissing a bail-related matter implicitly, directed the respondent police to complete their investigation in Crime No. 195 of 2015 and file a final report under Section 173 of Cr.P.C. within twelve weeks via an order under Section 482 Cr.P.C. due to inordinate delay.

What did the court decide?

Directed the respondent police to complete the investigation and file a final report within twelve weeks.

Sebastian Vs State Rep.by — Civil Procedure and Limitation | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 28.09.2020

¶3

CORAM:

¶4

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

¶5

Crl.O.P.No.15228 of 2020

A.Sebastian

... Petitioner

State rep. by, The Inspector of Police, Central Crime Branch Police Station, Chennai.

¶10

(Crime No.195 of 2015) ... Respondent

¶11

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police for further fair investigation and to file a final report in the above case in Crime No.195 of 2015 pending on the file of respondent police.

¶12

For Petitioner : Mr.V.R.Appaswamee

¶13

For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor O R D E R

¶14

This Criminal Original Petition has been filed to direct the respondent police for further fair investigation and to file a final report in the above case in Crime No.195 of 2015 pending on the file of respondent police.

¶15

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

¶16

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 final report 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 a final report in the present case is inordinate and unjustified. Hence, it would be appropriate to direct the Investigating Officer to file a final report within a stipulated time, if not already filed.

¶17

https://hcservices.ecourts.gov.in/hcservices/

¶18

4.Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No.195 of 2015 pending on the file of the respondent police and file a final report within a period of twelve weeks from the date of the receipt of a copy of this Order.

¶19

5.This Criminal Original Petition is disposed of accordingly.

¶20

s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
rna
To
1.The Inspector of Police,
Central Crime Branch Police Station,
Chennai.
2.The Public Prosecutor,
High Court, Madras.
+1 Cc to Mr.V.R.Appaswamee, Advocate sr 31792.
Crl.O.P.No.15228 of 2020
MP(CO)
SP(16/10/2020)

¶21

https://hcservices.ecourts.gov.in/hcservices/

Sebastian v. State Rep.by

Case brief

What is this about?

What did the court decide?

Sebastian v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vimal @ Selvakumar Vs The Inspector of Police

Anbu@Anbarasan Vs The Inspector of Police

Ansari Bilal Vs The Inspector of Police

C.Selvraj Vs the Superintendent of Police

K.Nagaraj Vs State Rep.by Its

Ponnusamy Vs the State Rep.by