Srinivasan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.3184 of 2024 Srinivasan S/o.Mani ... Petitioner Vs.

1.The State represented by The Inspector of Police, Vaniyampadi Taluk Police Station, Vellore District.

Crime No.339 of 2014 2.Srinivasan S/o.Dharman ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for records relating to impugned FIR in Crime No.339 of 2014 on the file of the first respondent and quash the same with regard to the petitioner.

For Petitioner : Mr.A.Ashvathaman For Respondents : Mr.A.Gopinath Government Advocate [Crl.side] [R1] *****

O R D E R

1/4

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.339 of 2014 on the file of the first respondent.

2. Heard Mr.A.Ashvathaman, learned counsel for petitioner and Mr.A.Gopinath, learned Government Advocate [Crl.side] appearing for first respondent.

3. The case of the prosecution is that when the former Chief Minister was convicted in the disproportionate wealth case, a protest was made on 27.09.2014 and the protesters were crossing the place of the second respondent at about 7.15 p.m. When this was questioned by the second respondent, there was some verbal exchange of words and he was also attacked with hands. Based on this complaint, a First Information Report came to be registered in Crime No.339 of 2014 and it is pending investigation till date before the first respondent.

4. In the considered view of this Court, a careful reading of the allegation shows that the offences u/s.294(b), 324 and 506(i) IPC is made 2/4

out. The final report ought to be filed within a period of three years since the maximum imprisonment provided is for three years. However, since the final report has not been filed till date, it is barred u/s.468(2)(C) Cr.P.C. That apart, the incident had taken place almost ten years back and no useful purpose will be served in exercising jurisdiction u/s.473 Cr.P.C.

5. In the light of the above discussion, the First Information Report in Crime No.339 of 2014 on the file of the first respondent is hereby quashed in its entirety.

Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 26.02.2024 Speaking Order/Non-speaking Order Index :Yes/No gm N.ANAND VENKATESH, J.

gm To 3/4

1.The Inspector of Police, Vaniyampadi Taluk Police Station, Vellore District.

Crime No.339 of 2014 2.The Public Prosecutor, High Court, Madras.

26.02.2024 4/4