Gopinath v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2022 CORAM::

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN CRIMINAL ORIGINAL PETITION NO.16847 OF 2020 & CRL.M.P.NO.6580 OF 2020

1. Gopinath, S/o.Late Mani, No.4/22, Anna Street, Venmanambuthur, Thiruvallur District - 631 203.

2. Jaisingh, S/o.Yesuraj, No.572, Kulakkarai Street, Ramapuram Main Road, Kakkalur Post, Thiruvallur District.

... Petitioners/Accused /versus/

1. State Rep. by Inspector of Police, D6, Anna Square Police Station, Chennai City.

... 1st Respondent/Complainant

2. A.Thirunavukkarasu, S/o.Arunachalam, Driver Serial No.51773, Adambakkam Bus Depot, Chennai No.11/20, Ilango Street, Nehru Nagar, Velacherry, Chennai - 600 042.

... 2nd Respondent/Defacto Complainant Prayer:- This Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to call for the entire records related to the complaint in Crime No.1318 of 2015 registered on the file of the D6, Anna Square Police Station, Chennai and quash the same. For Petitioner : Mr.J.Hariharan For R1 : Mr.S.Santhosh, Government Advocate (Crl.Side).

For R2 : No appearance

O R D E R

These two petitioners were arrested in Crime No.1318 of 2015 on the file of respondent police in connection with road roko and damage to the public property.

2. Since investigation was not completed and final report filed within reasonable time, petition to quash the F.I.R., is filed by these petitioners.

3. The Learned Government Advocate (Crl.Side) for the respondent/police states that, investigation is completed and some of the accused were absconding and therefore, the police was not able to file final report. However, after obtaining the Government Advocate's opinion, final report will be filed within a period of 30 days, from today.

4. In the light of the above fact, since public property alleged to have been damaged, this Court is not inclined to quash the F.I.R. Though there is an inordinate delay in filing the final report, for which, some excuse is also been placed by the Government Advocate, no further delay can be entertained. Hence, the respondent police is directed to file final report, if there is any case is made out against these petitioners, within a period of 30 days, from the date of receipt of this order. Failing which, it shall be presumed that the prosecution has no sufficient evidence to prosecute the case and the F.I.R shall stand quashed without any reference to this Court. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar bsm

Copy to:-

1. The Inspector of Police, D6, Anna Square Police Station, Chennai City.

2. The Public Prosecutor, High Court, Madras. +1cc to Mr.K.V.Law Firm, Advocate, S.R.No.26265 Crl.O.P.No.16847 of 2020 GP(CO) PM/27/04/2022