Madras High CourtCRL OP/5320/2021allowed

V.Savarianandham v. The State Rep.By Its

2021-03-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.5320 of 2021 and Crl. M.P. Nos.3407 & 3408 of 2021 Savari Anandan ... Petitioner/Accused Vs.

1. State Rep. by The Inspector of Police Thirumanur Police Station, Ariyalur District.

2. Pushparaj ... Respondents /Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in FIR No.17/2010 on the file of the Inspector of Police, Thirumanur Police Station, Ariyalur District dated 19.01.2010 and quash the same. For Petitioner : Mrs.K.Anitha For Respondent : Mr.M.Mohamed Riyaz (For R1) Additional Public Prosecutor

ORDER

On consent given by either side, the main petition itself has been taken up for final hearing.

2. The respondent police have filed the First Information Report (FIR) in Crime No.17 of 2010 for offences under Section 294 and 506(i) of IPC against the petitioner. It is brought to the notice of this Court that the investigation is still pending and no final report has been filed.

3. Heard Mrs.K.Anitha, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor, appearing on behalf of first respondent.

4. In the present case, the FIR is pending for the last eleven years and no final report has been filed. Taking into https://hcservices.ecourts.gov.in/hcservices/

consideration the offences involved in the present case, even if the final report is filed at this stage, the same will be barred under Section 468 of Cr.P.C. The final report will be passed by limitation provided under Section 468 of Cr.P.C.

5. The FIR in question in the present case is liable to be interfered on this short ground and accordingly, the FIR in Crime No.17 of 2010 pending investigation on the file of the first respondent, is hereby quashed and this Criminal Original Petition is allowed accordingly. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rli To 1.The Inspector of Police, Thirumanur Police Station, Ariyalur District.

2.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

+1cc to M/s.M.Muruganantham, Advocate Sr.17845 Crl.O.P.No.5320 of 2021 and Crl. M.P. Nos.3407 & 3408 of 2021 pl[co] srg 15/04/2021 https://hcservices.ecourts.gov.in/hcservices/