G.Suresh, Aged 24 Years, v. The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.S. RAMESH Crl.O.P. 4643 of 2017 G.Suresh ..Petitioner Vs

1. The Sub Inspector of Police, Arcot Taluk Police Station, Vellore District.

2. T.Jegadesan ..Respondents Prayer : This Petition is filed under Section 482 of Cr.PC praying to call for the records of the First Information Report in Crime No.224 of 2012 and to quash the same. For Petitioner :

M/s. K.Jenitha For Respondent :

Mr.P.Govindarajan Additional Public Prosecutor - For R1 :

No Appearance - For R2

ORDER

The petitioner who is a law college student has been implicated in a case in Crime No. 224 of 2012 on the file of the first respondent/police.

2. According to the petitioner and as per the averments in the complaint, it is seen that the incident relates to the quarrel between the second respondent and the petitioner's father. The overt act attributed to this petitioner is that he, along with his brother, had damaged the defacto complainant's motorcycle which could be changed as a non-cognisable offence.

3. Though the incident had occurred on 28.11.2012, the issue is still pending investigation before the first respondent/police. There is no explanation on the part of the first respondent/police, as to why there is no improvement in the investigation even over a long period of five years. There is no representation for the second respondent also. https://hcservices.ecourts.gov.in/hcservices/

4. In this background, I am of the view that the delay in the investigation itself could be a valid ground for quashing the FIR, even as against the other named persons therein.

5. In such circumstances, the records relating to the FIR in Crime No. 224 of 2012 on the file of the first respondent is quashed. Consequently the Crl.O.P. No. 4643 /2017 is allowed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ak To

1. The Sub Inspector of Police, Arcot Taluk Police Station, Vellore District.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s.K.Jenitha, Advocate in sr.no.50237 CRL.O.P.No.4643 of 2017 NR 21/07/2017 https://hcservices.ecourts.gov.in/hcservices/