Prabhu @ Gopalsamy v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Prabhu @ Gopalsamy ....
Petitioner Vs 1.State Rep. By Inspector of Police, Valangaiman Police Station, Thiruvarur.
(Crime No.41 of 2018).
2. A.Manjula Circle Inspector, Valangaiman Police Station, Thiruvarur Thanjavur District.
(R2 impleaded vide order dated 28.04.2025 in Crl.M.P.No.8771 of 2025 in Cr.O.P.No.12156 of 2025) .... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.41 of 2018 on the file of the Court of District Munsif Cum Judicial Magistrate Court, Valangaiman and quash the same.
For Petitioner : Mr.P.Srividhya For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.41 of 2018 on the file of the first respondent for the offences under Sections 353, 332 and 506(ii) of IPC.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The case of the prosecution is that when the second respondent waylaid the lorry, which was driven by the petitioner, the petitioner threatened the second respondent with dire consequences and fled away from the scene of occurrence. Hence, the complaint.
4. A perusal of the records reveals that the FIR has been registered in the year 2018. Though this Court, by an order dated 17.04.2023 in Crl.O.P.No.8261 of 2023, directed the first respondent to complete the investigation and file a final report within a period of one month from the date of receipt of a copy of the order, so far the first respondent did not complete the investigation and file a final report. That apart, the second respondent is none other than the Inspector of
Police. The present FIR is nothing but a clear abuse of process of law. There is absolutely huge delay in filing the final report and it is simply kept in cold storage without any progress. Therefore, mere keeping the FIR pending would not serve any purpose.
5. In view of the above, this Court is inclined to quash the FIR in Crime No.41 of 2018 on the file of the first respondent. Accordingly, the said FIR is hereby quashed and the Criminal Original Petition stands allowed.
28.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1. The Inspector of Police, Valangaiman Police Station, Thiruvarur.
2.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp 28.04.2025