L.Murugan v. The State By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2026
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.6097 & 6098 of 2026 L.Murugan
...Petitioner
Vs.
1.
The State rep. by The Inspector of Police, Denadu Combai Police Station, Nilgiris District.
2.
Deputy Tahsildar Forest Office Flying Squad, Fst-2 C, Udhagai.
...Respondents
Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records pertaining to the case in STC.No.716 of 2025 pending on the file of the Judicial Magistrate, Udhagamandalam and quash the same as against the petitioner.
For Petitioners : Mr.A.R.Sakthivel For Respondents : Mr.S.Udayakumar, GA(Crl. Side), for R1 1/6
O R D E R
This criminal original petition has been filed seeking to quash the proceedings pending against the petitioners in STC.No.716 of 2025, on the file of the Judicial Magistrate Court, Udhagamandalam.
2. Based on a complaint lodged by the 2nd respondent/de facto complainant alleging that on 27.03.2024 the petitioner, while contesting the 2024 Parliamentary Elections from the Nilgiris Constituency, engaged in election-related misconduct along with 5 others, an FIR was registered in Crime No.25 of 2024 on 28.03.2024. After completion of the investigation, a final report was filed before the Judicial Magistrate, Udhagamandalam, for the offences under sections 143 and 171H of IPC and the learned Magistrate took cognizance of the same and numbered it as STC.No.716 of 2025, which is now sought to be quashed.
3. Learned counsel for the petitioner submitted that the maximum punishment prescribed for the aforesaid offences is imprisonment which may extend to six months, or with fine, or with both. In respect of the aforesaid offences, the investigation ought to have been completed and the final report should have been filed within one year from the date of 2/6
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 filed only on 09.08.2025, 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 petitioners and other accused persons.
4. Learned Government Advocate (Crl. Side) appearing for the 1st respondent-police, on instructions, submitted that based on the complaint given by the 2nd respondent/ de facto complainant, the present case came to be registered on 28.03.2024. He further fairly submitted that the final report was filed only on 09.08.2025, 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.
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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, concededly, 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 STC.No.716 of 2025, on the file of the Judicial Magistrate, Udhagamandalam, is hereby quashed in entirety. Consequently, the connected miscellaneous petitions are closed. 02.04.2026 SHA 4/6
To:
1.
The Judicial Magistrate, Udhagamandalam 2.
The Inspector of Police, Denadu Combai Police Station, Nilgiris District.
3.
The Deputy Tahsildar Forest Office Flying Squad, Fst-2 C, Udhagai.
4.
The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA , J.
SHA and Crl.M.P.Nos.6097 & 6098 of 2026 02.04.2026 6/6