Masthan v. Inspector Of Police

1 Crl O.P. No.3938 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.3938 of 2024 and Crl. M.P. No.2916 of 2024 Masthan S/o. B.S. Umar

...Petitioner

Vs.

1. State represented by The Inspector of Police, Mettupalayam Police Station, Mettupalayam, Coimbatore - 641 305.

2. V.S. Karthikeyan, Village Administrative Officer, Sikkadasampalayam Village, Mettupalayam, Coimbatore.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for records of FIR in Cr. No.1340 of 2020 on the file of Mettupalayam Police Station, Coimbatore and quash the same. For Petitioner : Ms. Leelavathi For Respondents : Mr. A. Damodaran, Additional Public Prosecutor.

2 Crl O.P. No.3938 of 2024

ORDER

This petition has been filed to quash FIR pending investigation in Cr. No.1340 of 2020 on the file of 1st respondent police.

2. The case of the prosecution is that on 26.12.2020 at about 11.00 a.m., the accused persons gathered nearby a marriage hall and started protesting against a scheme which provided for giving water from Bhavani river to the people belonging to the Tiruppur District. Through this protest, the accused persons are said to have blocked / caused disturbance to the free movement of the general public and to the vehicles. That apart, they prevented the police from carrying on with their public duty. Based on the complaint given by the 2nd respondent, FIR came to be registered in Cr. No.1340 of 2020 on 30.12.2020 for the offences under Sections 143, 153A, 353, 511 of IPC and Section 7(1)(a) of Criminal Law Amendment Act, 2005.

3. Heard Ms. Leelavathi, learned counsel for the petitioner and Mr. A. Damodaran, learned Additional Public Prosecutor appearing for the respondents.

3 Crl O.P. No.3938 of 2024

4. It is not necessary for this Court to go into the various grounds that were raised by the learned counsel for the petitioner. It will suffice if the main ground raised by the learned counsel for the petitioner is taken note of. The main ground that was raised was that the offence for which the FIR was registered carries a maximum imprisonment of 2 years. The FIR was registered in the year 2020 whereas till date no final report has been filed. Therefore, it was contended that Section 468(2)(c) of Cr.P.C is applicable and even if the final report is filed, it cannot be taken cognizance. This Court finds lot of force in the above submission made by the learned counsel for the petitioner.

5. It is an admitted case that no final report has been filed till date. It is more than 3 1⁄2 years since FIR was registered. Therefore, even if the final report is filed, it will be barred u/s.468(2)(c) of Cr.P.C. The facts of the present case does not warrant exercise of jurisdiction under Section 473 of Cr.P.C.

6. In the light of the above discussion, this Court is inclined to quash the proceedings in FIR No.1340 of 2020 on the file of the 1st respondent police.

4 Crl O.P. No.3938 of 2024

7. In the result, this Criminal Original Petition stands allowed and the proceedings in FIR registered in Cr. No.1340 of 2020 is hereby quashed. Consequently, the connected miscellaneous petition is closed. 22.02.2024 Index : Yes / No Internet : Yes / No mjs

5 Crl O.P. No.3938 of 2024 N.ANAND VENKATESH, J., mjs To

1. The Inspector of Police, Mettupalayam Police Station, Mettupalayam, Coimbatore - 641 305.

2. V.S. Karthikeyan, Village Administrative Officer, Sikkadasampalayam Village, Mettupalayam, Coimbatore

3. The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P.No.3938 of 2024 22.02.2024