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S.Santhosh v. Home, Prohibition and Excise Department

Madras HC7 Feb 2025CRL OP/16779/2024

Case brief

AI extract

What is this about?

delay in investigation; file final report; Crime No.217 of 2023; Perumbakkam Police Station; Section 528 BNSS 2023; Sections 173 and 174 BNSS; Section 193 BNSS; Chapter XIII BNSS; eight weeks stipulated time; inordinate and unjustified delay; Madras High Court criminal original petition.

What did the court decide?

Direction issued to the respondent police to complete the investigation in Crime No.217 of 2023 and file the final report within eight weeks from receipt of a copy of the Order. ¶26

S.Santhosh Vs Home, Prohibition and Excise Department — Madras HC (2025) — LawSathi Research

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Crl.O.P.No.16779 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.02.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.16779 of 2024

S. Santhosh

.... Petitioner

The State rep. by The Inspector of Police, Perumbakkam Police Station, Chennai. (Crime No.217 of 2023) ... Respondent

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PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondents to complete the investigation and file the final report in Crime No.20 of 2021 pending on the file of 2 nd respondent expeditiously as possible.

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For Petitioner : Mr.M.D.Ilayaraja For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side)

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O R D E R

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This Criminal Original Petition has been filed seeking a

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direction to the respondent to complete the investigation and file the final

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https://www.mhc.tn.gov.in/judis

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Page 1 of 4

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Crl.O.P.No.16779 of 2024

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report in Crime No.217 of 2023 pending on the file of the respondent as expeditiously as possible.

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2 . Heard the learned counsel appearing on either side and perused the materials placed on record.

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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 173 & 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and after conducting necessary enquiry/investigation, file final report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Such investigation under Chapter XIII of the the Bharatiya Nagarik Suraksha Sanhita, 2023 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.

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Considering the facts and circumstance of the case, this

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Court directs the respondent police to complete the investigation in https://www.mhc.tn.gov.in/judis Page 2 of 4

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Crl.O.P.No.16779 of 2024

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Crime No.217 of 2023 pending on his file and file a final report within a period of eight (8) weeks from the date of the receipt of a copy of this Order.

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