Gokulprasanth v. State Rep, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Gokulprasanth ... Petitioner Vs

1. State Rep, Inspector of Police, Nallur Police Station, Tiruppur City, Crime No.229 of 2023

2. M.Vanaja Special Sub Inspector of Police, Nallur Police Station, Tiruppur City, Tiruppur District ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records pursuant to the case in Crime No.229 of 2023 on the file of first respondent and quash the same by allowing this criminal original petition. For Petitioner : Mr.K.Sudhakar For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.229 of 2023 on the file of the first respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first respondent and perused the materials placed on record.

3. On the complaint lodged by the second respondent, the first respondent registered FIR in Crime No.229 of 2023 for the offences punishable under Section 75 of the City Police Act, alleging that the petitioner, under the influence of alcohol, was standing in the middle of the road, abusing members of the public and caused obstruction to the general public.

4. It is seen that the punishment for the offence under Section 75 of City Police Act is six months. The crime has been registered on 28.03.2023. Even till today, the first respondent did not complete the investigation and file a final report. Therefore, the Trial Court cannot take cognizance even if the final report is filed. Hence, mere keeping the FIR pending would not serve any

purpose.

5. In view of the above, the impugned FIR cannot be sustained as against the petitioner and is liable to be quashed. Accordingly, the FIR in Crime No.229 of 2023, on the file of the first respondent is hereby quashed.

6. In the result, this Criminal Original Petition is allowed. 23.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Inspector of Police, Nallur Police Station, Tiruppur City,

2. The Public Prosecutor, High Court, Madras.

23.04.2025