O.Pannerselvam v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.(MD) Nos.4078 & 4081 of 2026 O.Pannerselvam

...Petitioner

Vs.

1.

State of Tamil Nadu rep. by, The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

2.

G.Ramaraj Head Constable No.2155, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

...Respondents

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records in S.T.C.No.1572 of 2025 on the file of the Judicial Magistrate Court No.I, Ramanathapuram and quash the same.

For Petitioner : Ms.Rajalakshmi For Respondents : Mr.K.M.D.Muhilan, APP, for R1 1/6

O R D E R

This criminal original petition has been filed seeking to quash the proceedings pending against the petitioner in S.T.C.No.1572 of 2025, pending on the file of the Judicial Magistrate Court No.I, Ramanathapuram.

2. Based on the complaint lodged by the 2nd respondent/de facto complainant alleging that the petitioner, who contested as a candidate in the Parliamentary Constituency election at Ramanathapuram, had committed the offence of bribery during the course of his election campaign, a case in Crime No.120 of 2024 was registered on 01.04.2024 for the offence under Section 171E of IPC. After completion of the investigation, the final report was filed before the Judicial Magistrate Court No.I. Ramanathapuram and the learned Magistrate took cognizance of the same and numbered it as S.T.C.No.1572 of 2025, which is now sought to be quashed.

3. Learned counsel for the petitioner submitted that the case in Crime No.120 of 2024 was registered against the petitioner on 01.04.2024 and the maximum punishment prescribed for the aforesaid offence is imprisonment which may extend to one year, or with fine, or with both. In respect of the aforesaid offence, the investigation ought to have been 2/6

completed and the final report filed should have been filed within one year from the date of registration of the FIR, as mandated under Section 468 Cr.P.C. Therefore, there is a clear bar for taking cognizance if it is filed beyond one year. However, in this case, the final report was made ready only on 17.05.2025, which is beyond the period of limitation. Admittedly, in this case, no application has been filed seeking condonation of delay in filing the final report. Hence, the continuation of the proceedings against the petitioner is an abuse of process of law. Therefore, he prayed to quash the impugned proceedings pending against the petitioner.

4. Learned Additional Public Prosecutor appearing for the 1st respondent-police, on instructions from Mr.K.Kumaresan, Spl. SubInspector of Police, Paramakudi Town Police Station, Ramanathapuram District, submitted that based on the complaint given by the 2nd respondent, the present case came to be registered on 01.04.2024 and he fairly submitted that the final report was filed only on 17.05.2025, which is after the limitation period prescribed under Section 468 of Cr.P.C.

5. Heard the learned counsel on either side and perused the materials available on record.

3/6

6. For the abovesaid punishment, the final report ought to have been filed within one year from the date of registration of the FIR, as per Section 468(2)(b) of Cr.P.C. However, in the instant case, the final report has not been filed within the period of one year since the registration of the FIR and therefore, cognizance ought not to have been taken.

7. In view of the above, this Court is of the opinion that no useful purpose would be served by keeping the impugned proceedings pending and the same is liable to be quashed.

8. Accordingly, this criminal original petition stands allowed and the impugned proceedings pending in S.T.C.No.1572 of 2025, on the file of the Judicial Magistrate Court No.I, Ramanathapuram, is hereby quashed as against the petitioner herein. Consequently, the connected miscellaneous petitions are closed.

05.03.2026 (1/4) skt 4/6

To 1.

The Judicial Magistrate No.I, Ramanathapuram.

2.

The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

3.

The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA , J.

skt and Crl.M.P.(MD) Nos.4078 & 4081 of 2026 (1/4) 05.03.2026 6/6