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Madras High CourtCRL OP/759/2025granted

Ramu v. The State Rep.By Sub Inspector Of Police

2025-01-20Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA and Crl.MP.No.395 of 2026 1.

J.Kamalakannan @ Kamalanathan 2.

K.Yuvaraj

...Petitioners

Vs.

1.

State rep. by, The Inspector of Police, B7, Vellavedu Police Station, Tiruvallur District.

2.

Sadagopan

...Respondents

For Petitioners : Mr.V.Ramamurthy For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1

ORDER

This criminal original petition has been filed seeking to quash the final report in C.C.No.201 of 2025, pending on the file of the learned Judicial Magistrate-II, Poonamallee.

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2. Learned counsel for the petitioners submitted that pursuant to the complaint made by the 2nd respondent herein as against the petitioners, an FIR in Crime No.246 of 2019 came to be registered on the file of the 1st respondent for the offences under Sections 294(b), 323 and 324 of IPC and on completion of investigation, the impugned final report came to be filed before the learned Judicial Magistrate-II, Poonamallee, for the offences under Sections 294(b), 323, 326 and 34 of IPC and the same was taken on file in C.C.No.201 of 2025. He further submitted that though the complaint was lodged as early as on 26.06.2019, the final report came to be filed only on 19.05.2025, which is after a lapse of about six years and the same is contrary to Section 468 of Cr.P.C.

, which sets limitation periods for Courts to take cognizance of offences, in order to ensure fairness and prevent abuse of process of law. He also submitted that, only in order to overcome the said time period/limitation, the 1st respondent-police, filed the impugned final report by including the offences under Sections 326 and 34 of IPC, without there being any material to attract the ingredients of the aforesaid offences.

3. Considering the above submissions made by the learned counsel for the petitioners, there shall be an order of interim stay of further proceedings 2/4

in connection with C.C.No.201 of 2025, pending on the file of the learned Judicial Magistrate-II, Poonamallee, for a period of four weeks.

4. Mr.S.Santhosh, learned Government Advocate (Crl. Side), takes notice on behalf of the 1st respondent.

5. Notice to the 2nd respondent returnable by four weeks. Private notice is also permitted.

6. Post the matter after four weeks.

19.01.2026 skt To:

1.

The Judicial Magistrate-II, Poonamallee.

2.

The Inspector of Police, B7, Vellavedu Police Station, Tiruvallur District.

3.

The Public Prosecutor, Madras High Court.

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A.D.JAGADISH CHANDIRA, J.

skt and Crl.MP.No.395 of 2026 19.01.2026 4/4