R.Somu v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.No.28318 of 2019 R.Somu .. Petitioner Vs.
1. The Inspector of Police, Gudiyattam Town Police Station, Gudiyattam.
2. S.Senthil Velan .. Respondents PRAYER:
Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for entire records pursuant to the First Information Report in Crime No.305 of 2013, on the file of the 1st respondent dated 01.04.2013, quash the same in so far as the petitioners are concerned.
For Petitioner : Mr.B.Leninbalu For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor for R1
O R D E R
The prayer sought for in the present petition is to call for the entire records pursuant to the First Information Report in Crime No.305 of 2013, on the file of the 1st respondent dated 01.04.2013 and to quash the same.
2. The petitioner herein is the 3rd accused. It is brought to the notice of this Court that when the 1st accused had filed a petition in Crl.O.P.No.26713 of 2017 seeking to quash the FIR in Crime No.305 of 2013, this Court, by an order dated 16.04.2019, had quashed the FIR, on the ground that the punishment for which the petitioner has been implicated is two years and in view of
Section 468 Cr.P.C, there is a bar taking cognizance after lapse of the period of limitation. The said principle applies to the case of the petitioner herein also.
3. Since the FIR in Crime No.305 of 2013 has already been quashed by this Court in its order dated 16.04.2019 passed in Crl.O.P.No.26713 of 2017, there cannot be any apprehension for the petitioner for any criminal action based on the impugned FIR. As such, no effective orders can be passed in the present petition.
4. Accordingly, the Criminal Original Petition stands closed.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar jas/hvk To
1. The Inspector of Police, Gudiyattam Town Police Station, Gudiyattam.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.B.Leninbalu, Advocate, S.R.No.89116 Crl.O.P.No.28318 of 2019 CS/26/11/2019