Madras High CourtCRL OP/1429/2021allowed

Venkatesan v. The State Of Tamil Nadu, Rep.By

2021-02-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.OP.No.1429 of 2021

1. Venkatesan S/o.Jayaraman

2. Lakshmi W/o.Venkatesan ... Petitioners Vs.

1.The State of Tamil Nadu Rep. by Sub Inspector of Police Vadalur Police Station Vadalur - 607303 Cuddalore District.

2.Arumugham S/o.Ramalingam ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records and to quash the FIR registered against the petitioners in Crime No.21 of 2019 on the file of the 1st respondent.

For Petitioners : Mr.P.Mani For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side) For R1

O R D E R

This petition has been filed to quash the F.I.R., registered in Crime No.21 of 2019, pending investigation on the file of the first respondent.

2.The F.I.R. has been registered for an offence under Section 294(b) IPC. The F.I.R. was registered in the year 2019. The maximum punishment that has been provided for an offence under Section 294(b) is three months imprisonment. Section 468 Cr.P.C. provides for the limitation of one year, if the offences https://hcservices.ecourts.gov.in/hcservices/

are punishable with imprisonment for a term not exceeding one year. In view of the same, even if the investigation is completed and a final report is filed, the Court below will not take cognizance of the offence since it is barred by limitation. Even otherwise, no useful purpose will be served in keeping the proceedings pending at this length of time.

3.In view of the above, this Criminal Original Petition is allowed and the F.I.R registered in Crime No.21 of 2019, pending on the file of the first respondent is hereby quashed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To 1.The Sub Inspector of Police The State of Tamil Nadu Vadalur Police Station Vadalur - 607303 Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.P.Mani, Advocate, sr no.6761.

Crl.OP.No.1429 of 2021 VSNII(CO) RMP(23/02/2021) https://hcservices.ecourts.gov.in/hcservices/