Case Note & Summary
The petition arose from a criminal original petition filed by M. Rasu, the de-facto complainant, before the Madurai Bench of Madras High Court. A complaint had been lodged leading to registration of Crime No. 12 of 2023 dated 10.04.2023 on the file of the Inspector of Police, District Crime Branch, Madurai District. Despite registration, the police had not conducted proper investigation and had not filed any final report. The petitioner, therefore, sought a direction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for completion of investigation and filing of final report within a stipulated time. During the hearing, the learned Government Advocate appearing for the respondents submitted that investigation was still pending because many documents were involved and needed verification. He assured the court that the enquiry would be completed within three months. The court, noting the limited nature of the prayer, recorded the submission and directed the second respondent to complete the investigation within three months from the date of the order. Accordingly, the criminal original petition was disposed of with this direction.
Headnote
A) Criminal Procedure - Investigation and Final Report - Direction for Expeditious Completion - Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 - The de-facto complainant alleged that despite FIR registration, no investigation had been concluded and no final report filed; the State submitted that investigation was pending due to volume of documents and sought three months' time. Held, considering the limited prayer, the court directed the second respondent to complete investigation within three months and disposed the petition. (Paras 2-4)
Issue of Consideration
Whether the court should direct the police to complete investigation and file the final report in Crime No. 12 of 2023 within a stipulated time.
Final Decision
The court recorded the submission of the Government Advocate and directed the second respondent (Inspector of Police, District Crime Branch) to complete the investigation within three months from the date of the order. The Criminal Original Petition was disposed of accordingly.
Law Points
- Section 528 of BNSS
- power of High Court to direct completion of investigation within stipulated time
- duty of police to file final report expeditiously
Case Details
2025 LawText (MAD) (03) 209
Crl.O.P.(MD) No. 3986 of 2025
Mr. R. Shankar Ganesh for petitioner; Mr. M. Sakthi Kumar, Government Advocate for respondents
The Superintendent of Police, Madurai Rural District, and The State of Tamil Nadu, through the Inspector of Police, District Crime Branch, Madurai District
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Nature of Litigation
Criminal original petition seeking direction to police to file final report in pending FIR
Remedy Sought
Petitioner (de-facto complainant) sought direction to respondent police to file final report in Crime No. 12 of 2023 within a stipulated time
Filing Reason
Despite registration of FIR, investigation had not been completed and no final report had been filed
Issues
Whether the court should issue a direction to the police to complete investigation and file the final report within a specified time.
Submissions/Arguments
Petitioner contended that although FIR was registered, the respondent police had not conducted investigation and had not filed the final report.
Respondent/State submitted that investigation was still pending due to the many documents involved, and sought three months to complete the enquiry and file the final report.
Ratio Decidendi
Where a criminal complaint has been filed and investigation is pending, the High Court under Section 528 of BNSS may direct the police to complete investigation and file the final report within a stipulated time, especially when the prayer is limited and the state concedes to the timeline.
Judgment Excerpts
According to the petitioner, he is the de-facto complainant in this case. Based on his complaint, a case in Crime No.12 of 2023, has been registered. After registration of FIR the respondent police have not conducted investigation. But so far, no final report has been filed.
Learned Government Advocate appearing for the respondents submits that investigation is still pending and so many documents are involved in this case and therefore, they have to verify all the documents. However, they will complete the enquiry within three [3] months.
Considering the limited prayer sought for in this case, this Court recording the submission of the learned Government Advocate, directs the second respondent to complete the investigation within three [3] months from the date of this order.
Procedural History
Petitioner M. Rasu filed Crl.O.P.(MD)No.3986 of 2025 before the Madurai Bench of Madras High Court under Section 528 of BNSS, 2023, seeking a direction to the respondent police to file the final report in Crime No.12 of 2023 dated 10.04.2023. The matter came up for hearing on 04.03.2025. After hearing both sides, the court disposed of the petition with directions.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023: 528
