Madras High CourtCRL OP/17382/2024allowed

Selladurai v. State Rep By

2024-07-24Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl. O.P. No.17382 of 2024 R. Selladurai ... Petitioner Vs.

1.The State Rep., by The Inspector of Police, Maruvathur Police Station, Perambalur.

(Crime No.460 of 2021) 2.Kamalahassan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.460 of 2021 dated 31.08.2021 on the file of the first respondent herein and quash the same. For Petitioner : Mr. C. Samivel For Respondents : Mr. S. Udaya Kumar, for R1 Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to quash the complaint in Crime No.460 of 2021 dated 31.08.2021 for the alleged offence under 1/4

Sections 143,188, 269 and 270 of IPC and Section 3 of Epidemic Diseases Act,1987.

2. The learned counsel appearing for the petitioner submits that the petitioner was not in the scene of occurrence on the alleged dated. However, he has been roped in this case as an accused being the member of the political party. Further, he submits that since even after lapse of three years final report not filed, the limitation prescribed under Section 468 of Cr.P.C, the complaint is liable to be quashed.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police on getting instructions from the Investigating Officer submits that offence under Section 143, 188, 269 and 270 of IPC and Section 3 of Epidemic Disease Act,1869 all are punishable offences for a period less than three years and final report so far not filed.

4. In view of the above fact, this Criminal Original Petition is allowed and the complaint in Crime No.460 of 2021 is quashed as against the petitioner, since cognizance not taken, despite lapse of 31⁄2 years.

24.07.2024 Vv 2/4

To 1.The Inspector of Police, Maruvathur Police Station, Perambalur.

2.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN,J.

Vv Crl. O.P. No.17382 of 2024 24.07.2024 4/4