Mahendran v. The State Of Tamil Nadu, Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2026
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD)No.2648 of 2026 and Crl.M.P.(MD)Nos.2939 & 2941 of 2026 Mahendran ... Petitioner -Vs1.
The State of Tamil Nadu represented by its The Inspector of Police, Thirunagar Police Station, Madurai City.
Crime No.163 of 2019 Rajamani Sub Inspector of Police, Thirunagar Police Station, Madurai City.
... Respondents Criminal Original Petition filed under Section 528 of B.N.S.S., to call for the final report in C.C.No.1924 of 2022 on the file of the Judicial Magistrate Court No.I, Madurai and quash as against the petitioner as the same is illegal and devoid of merits.
For petitioner : Mr. M.Jagdeesh Pandian For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor
O RDER The present Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.1924 of 2022 on the file of the Judicial Magistrate Court No.I, Madurai.
The case of the prosecution, in a nutshell, is as follows: On 20.09.2019, at about 01.15 p.m. the petitioner, along with others, assembled unlawfully for the purpose of filing nomination to Amma Makkal Munnettra Kazhagam which act was in contravention of the Model Code of Conduct then in force. Hence, based on a complaint lodged by the 2nd respondent/de facto complainant, the 1st respondent police registered a case in Crime No. 163 of 2019 on 29.04.2019 for the alleged offences under Sections 143, 171-F and 353 IPC. After completion of the investigation, the first respondent police e-filed a charge sheet before the Judicial Magistrate Court No.IV, Madurai, on 15.09.2022 which was taken on file as C.C.No. 1924 of 2022.
3.
The aforesaid proceedings is now sought to be quashed.
4.
The maximum punishments prescribed for the aforesaid offences are tabulated hereunder:
Sections Punishment 143 IPC Imprisonment which may extend to six months, or with fine, or with both 171-F IPC Imprisonment which may extend to one year, or with fine, or with both 353 IPC Imprisonment which may extend to two years, or with fine, or with both 5.
For the punishments set out at paragraph 4, supra, the final report ought to have been filed within three years from the date of registration of the FIR, as per Section 468(2)(c) of Cr.P.C. However, in the instant case, the final report has not been filed within three years from the date of registration of FIR. In other words, it has been e-filed only on 15.09.2022, as is borne out of records, which is beyond the period of limitation prescribed under Section 468(2)(c), ibid. This position is admitted by the learned Additional Public Prosecutor appearing for the first respondent as well. 6.
Ergo, on the aforesaid solitary ground, the impugned proceedings is liable to be quashed and it is accordingly quashed in its entirety. 7.
As a sequel, this criminal original petition stands allowed. Connected criminal miscellaneous petitions are closed. 12.02.2026 rpl/cad
A.D.JAGADISH CHANDIRA . J, rpl To 1.
The Judicial Magistrate No.I Madurai The Inspector of Police Thirunagar Police Station Madurai City 3.
The Public Prosecutor High Court of Madras Chennai 12.02.2026