P.Ganapathy v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.18534 of 2023 Crl.M.P.No.12333 of 2023 P.Ganapathy .. Petitioner Vs.

State Rep. by The Inspector of Police, Mettupalayam Police Station, Coimbatore - 641 305.

..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the case in FIR No.182 of 2019 on the file of the respondent police and quash the same. For Petitioner : Mr.C.Rajaguru For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking to quash the FIR in Crime No.182 of 2019 pending on the file of the respondent police. 1/4

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3.The FIR was registered against the petitioner for offence under Sections 143 and 341 of IPC.

4.The offence under Section 143 of IPC is punishable with a maximum imprisonment of six months and the offence under Section 341 of IPC is punishable with a maximum imprisonment of one month. 5.In view of the same, the final report ought to have been filed within a period of one year from the date of incident, failing which, there is a bar under Section 468 of Cr.P.C., to take cognizance of the final report. 6.The learned Additional Public Prosecutor on instructions submitted that the final report was filed before the concerned Court only in the year 2023. 7.In view of the above, no useful purpose will be served in keeping the FIR 2/4

pending since the final report has been filed beyond the period of one year and there are no special circumstances to condone the limitation under Section 473 of Cr.P.C.

8.In the light of the above discussion, FIR in Crime No.182 of 2019 pending on the file of the respondent police is hereby quashed. 9.Accordingly, this criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed.

16.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Inspector of Police, Mettupalayam Police Station, Coimbatore - 641 305.

2.The Public Prosecutor High Court of Madras, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P.No.18534 of 2023 Crl.M.P.No.12333 of 2023 16.08.2023 4/4