Madras High CourtCRL OP/7205/2017allowed

Abdul Saleem (Male/57) v. State Represented By

2017-07-12Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.7205 of 2017 Abdul Saleem ... Petitioner/Accused 2 Vs State rep.by The Inspector of Police, Commercial Crime Investigation Wing, Chennai.

(Cr.No.1725 of 2008) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to quash the F.I.R.registered in Cr.No.1725 of 2008 by the respondent police in so far as it relates to the petitioner (2nd Accused).

For Petitioner : Mr.J.Muthukumaran For Respondent : Mr.P.Govindarajan, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the F.I.R. in Cr.No.1725 of 2008 on the file of the respondent police in so far as the petitioner/2nd accused.

2. The complaint against the petitioner is that he had illicitly sold PDS rice. The said complaint was made on 19.09.2008. since the Final Report was not not filed till date, the present petition has been filed for quashing the F.I.R.

3. The learned Additional Public Prosecutor has submitted that investigation is still pending.

4. It is seen that based on the incident, departmental proceedings had already been initiated and the same was ended with the finding that the charge had not been proved. It is https://hcservices.ecourts.gov.in/hcservices/

unfortunate that though the complaint was made in the year 2008, the respondent police has not filed final report till date, even after the lapse of nine years.

5. In view of the delay in completing the investigation, I am of the view that the investigation is liable to be quashed. Accordingly F.I.R.in Cr.No.1725 of 2008 filed against the petitioner/2nd accused is quashed.

6. In the result, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ggs To

1. The Inspector of Police, Commercial Crime Investigation Wing, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s.J.Muthukumaran, Advocate.sr.No.12924 (28/08/17) Crl.O.P.No.7205 of 2017 VGI(CO) CS/10/08/17 https://hcservices.ecourts.gov.in/hcservices/