K.Saravanan, M/29 Years v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.5834 of 2017 K. Saravanan ..Petitioner/Accused No 2 Vs

1. The State rep. by The Inspector of Police, Andimadam Police Station, Andimadam - Post Ariyalur District

2. V. Durai .. Respondents/Complainant/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the FIR No. 211 of 2007 u/s. 341, 294(b) and 506(II) of IPC dated 09.11.2007 on the file of 1st respondent police and quash the same. For Petitioner : M/s.D.Veerasekaran For Respondents: Mr.P.Govindarajan Additional Public Prosecutor - For R1

O R D E R

The prayer sought for in this petition is to quash the FIR in Crime No. 211 of 2007 registered for the offence u/s. 341, 294(b) and 506(II) of IPC. The main ground raised by the petitioner is that the delay in filing the final report.

2. According to the learned counsel for the petitioner, the FIR has been kept pending for almost ten years without any progress. Under Section 468 of Cr.PC, there is bar of taking cognizance for the Courts after lapse of period of limitation.

3. In the present case in hand, the offence alleged in the FIR, the terms exceeding three years. Hence, no Court take cognizance of the offence after expiry of period of three years. The delay in filing the final report is inordinate in the present case.

https://hcservices.ecourts.gov.in/hcservices/

4. In view of the same, the FIR in Crime No.211 of 2017 on the file of the first respondent is quashed. Accordingly, the Criminal Original Petition is allowed.

s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar ak To

1. The Inspector of Police, Andimadam Police Station, Andimadam - Post, Ariyalur District

2. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.D. Veerasekaran, Advocate sr 52097 CRL.O.P.No.5834 of 2017 SP(01/08/2017) https://hcservices.ecourts.gov.in/hcservices/