N.Mohanraj v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.6383 of 2024 and CRL.M.P No.4702 of 2024 N.Mohanraj

...Petitioner

Vs.

1.State Rep. by: The Inspector of Police, Sulthanpettai Police Station, Coimbatore District.

(Crime No.349 of 2022) 2.M.Mekala Village Administration Officer, Vadambacheri Village, Coimbatore District.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the Crime No.349 of 2022 on the file of the Inspector of Police, Sulthanpettai Police Station, Coimbatore District and quash the same.

For Petitioner : Mr.M.Guruprasad For Respondent : Mr.A.Gopinath Government Advocate for R1 1/4

ORDER

This criminal original petition has been filed to quash the FIR in Crime No.349 of 2022 pending on the file of the 1st respondent police. 2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the 1st respondent. 3.The case of the prosecution is that the accused persons blocked two Government buses and staged protest on 14.11.2022. Based on the complaint given by the 2nd respondent, an FIR came to be registered on 14.11.2022 for offence under Section 143 and 341 of IPC.

4.When the matter was taken up for hearing, the learned Government Advocate submitted that the final report has not been filed in this case and the investigation is pending.

5.The offence for which the FIR has been registered is punishable with a maximum imprisonment of six months and hence, the final report ought to have been filed within one year failing which, it will be barred under Section 468 (2)(b) of Cr.P.C. Since the final report has not been filed till date, the bar will start operating. 2/4

The facts of the present case, does not warrant exercising jurisdiction under Section 473 of Cr.P.C.

6.In the light of the above discussion, the FIR in Crime No.349 of 2022 pending on the file of the 1st respondent police, is hereby quashed in its entirety and this criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed.

15.03.2024 Index: Yes/No Internet: Yes/No ssr To 1.The Inspector of Police, Sulthanpettai Police Station, Coimbatore District.

2.The Village Administration Officer, Vadambacheri Village, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J ssr CRL.O.P No.6383 of 2024 and CRL.M.P No.4702 of 2024 15.03.2024 4/4