N.G.Tamilselavan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.OP.No.1755 of 2021 and Crl.MP.No.1018 of 2021

1. N.G.Tamilselvan S/o.Gopal

2. Jagadeesan S/o.P.Sivaprakasam

3. Kannadasan S/o.Late D.Simon ... Petitioners Vs.

1.The Inspector of Police Arakkonam Town Police Station Arakkonam Ranipet District.

(Crime No.294 of 2019) 2.Madhivanan Special Thasildar Social Security Scheme (SSS) Incharge (I.C.) Flying Squad FS III Arakkonam, Ranipet District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the case in Crime No.294 of 2019 pending investigation on the file of the 1st respondent and quash the same with regard to the petitioners.

For Petitioners : Mr.K.C.Senthil Kumar For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side) for R1 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

On the consent given by either side, the main petition itself is taken up for final hearing.

2.The respondent Police have registered an F.I.R. against the petitioners for an offence punishable under Section 143 and 341 IPC.

3.In the considered view of this Court, the allegations made in the complaint, even if it is taken as it is, does not constitute an offence under Section 143 and 341 IPC. That apart, the maximum punishment provided for an offence under Section 143 IPC is six months and the maximum punishment provided for an offence under Section 341 IPC is one month. For these two offences, the final report ought to have been filed within a period of one year under Section 468 Cr.P.C. The F.I.R. was registered in the year 2019 and till now, no final report has been filed. Even if it is filed, the Court below will not take cognizance since it is barred by limitation. 4.In the considered view of this Court, no useful purpose will be served in keeping this F.I.R. pending for the reasons stated above.

Accordingly, this Criminal Original Petition is allowed and the F.I.R. registered in Crime No.294 of 2019, pending on the file of the first respondent is here by quashed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To 1.The Inspector of Police Arakkonam Town Police Station Arakkonam,Ranipet District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.G.Senthil Kumar, Advocate, sr no.6577 Crl.OP.No.1755 of 2021 VSNII(CO) RMP(23/02/2021) https://hcservices.ecourts.gov.in/hcservices/