Madras High CourtCRL OP/21627/2024allowed

M.S.Mani v. State Rep.By

2024-09-04Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl. M.P. Nos. 12363 and 12364 of 2024 M.S. Mani .. Petitioner Vs.

1.State Rep., by The Inspector of Police, G-5, Secretariat Colony Police Station, Chennai - 600 012.

2.Shanmugasundaram, Sub-Inspector of Police, G-5, Secretariat Colony Policy Station, Chennai - 600 012.

.. Respondents Prayer: Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for the records in Crime No.106 of 2018 on the file of the first respondent, Inspector of Police, G-5, Secretariat Colony Police Station, Chennai for the offence under Sections 143, 341 & 290 of IPC and Section 71 (xvi) of TN City Police Act, 1888 and quash the same. For Petitioner : Mr. Durai Kannan For Respondents : Mr. S. Udayakumar, Government Advocate for R1

O R D E R

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FIR registered in Cr.No.106 of 2018 on 20.03.2018 against the members of DMK Party, protesting the arrest of their leader sought to be quashed on the ground of limitation.

The FIR is for the alleged offence under Section 143, 341, 290 of IPC and Section 71 (xvi) of Tamilnadu City Police Act, 1888.

2. The learned counsel appearing for the petitioner submits that the crime after six years, the police has not filed final report and therefore the FIR has to quash under Section 468 of Cr.P.C.

3. The learned Government Advocate (Crl.Side) submits that till date investigation is not completed and obviously the police is not going to file final report in this case.

4. In view of the facts narrated above, there is no purpose keeping the FIR pending beyond the period of limitation to take cognizance of the offences mentioned in the FIR stands quashed.

5. Accordingly, this Criminal Original Petition is allowed. 2/4

Consequently, the connected miscellaneous petitions are closed. 04.09.2024 Vv To 1.The Inspector of Police, G-5, Secretariat Colony Police Station, Chennai - 600 012.

2.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN,J.

Vv Crl. O.P. No. 21627 of 2024 and Crl. M.P. Nos.12363 and 12364 of 2024 04.09.2024 4/4