Paramasivam v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.13118 and 13119 of 2023

1. Paramasivam

2. Jaishankar

3. Govindharaj

4. Prabhu

5. Gunasekaran

6. Prabhu

7. Ekambaram

8. Manikandan

9. Ashok Kumar

10. Surendar

11. Babu

12. Elangovan

13. Aasaithambi

14. Vivek

15. Saravanan

16. Kadiravan

17. Ramesh

18. Ravikumar

19. Vishwasam

20. Shanmugam

21. Karthik

22. Chakkaravarthy

23. Praveenkumar

24. A.P.M.Samson .. Petitioner

Versus

1/5

State rep by, The Inspector of Police, K-4, Anna Nagar Police Station, Chennai - 600 040.

1. Balasubramaniyam.M, Sub-Inspector of Police - 83, Anna Nagar Police Station, Chennai - 600 040.

.. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in C.C.No.1391 of 2020 on the file the learned V Metropolitan Magistrate, Egmore, Chennai, quash the same. For Petitioners : Mr.N.R.Elango, Senior Counsel for M/s.A.S.Aswin Prasanna For Respondents : Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

This petition has been filed to quash the proceedings pending in C.C.No.1391 of 2020 on the file of the learned V Metropolitan Magistrate, Egmore, Chennai.

2. The case of the prosecution is that on 06.11.2019 at about 15.15 hours, the accused persons had gathered at a particular place without getting the prior permission of the Commissioner of Police and had burnt the effigy of a Minister. Based on this, an F.I.R came to be registered for offences 2/5

under Sections 143 and 285 of I.P.C. On completion of the investigation, the Final Report was filed before the Court below and the same has been taken on file in C.C.No.1391 of 2020 by taking cognizance for offences under Sections 143 and 285 of I.P.C.

3. Heard Mr.N.R.Elango, learned Senior Counsel for the petitioners and Mr.A.Gopinath, learned Government Advocate (Crl. Side) for the respondents.

4. The F.I.R was registered on 06.11.2019 and the offences under Sections 143 and 285 of I.P.C are punishable with a maximum punishment of six months imprisonment. Hence, the Final Report ought to have been filed within a period of one year. However, the Final Report was filed only on 22.07.2022 after two years and eight months. There is a bar in taking cognizance of the Final Report under Section 468 of Cr.P.C., and inspite of the same, the Court below has taken cognizance of the Final Report. There is also no indication that any order was passed under Section 473 of Cr.P.C., condoning the delay. Hence, the proceedings itself is vitiated and it requires the interference of this Court.

3/5

5. In the light of the above discussion, the proceedings in C.C.No.1391 of 2020 on the file of the learned V Metropolitan Magistrate, Egmore, Chennai is quashed in entirety and this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed.

31.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The V Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, K-4, Anna Nagar Police Station, Chennai - 600 040.

3. Balasubramaniyam.M, Sub-Inspector of Police - 83, Anna Nagar Police Station, Chennai - 600 040.

4. The Public Prosecutor, High Court of Madras.

4/5

N.ANAND VENKATESH, J.

grs and Crl.M.P.Nos.13118 and 13119 of 2023 31.08.2023 5/5