Siddharth Kurian Jacob v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.14615 of 2024 Siddharth Kurian Jacob ... Petitioner Vs.
1.The State Rep by its, The Inspector of Police TIW - Chrompet Police Station, Chennai.
(Cr.No.579 of 2016) 2.K.Ramji ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to Call for the entire records related to FIR in Crime No.579 of 2016 dated 21.09.2016 registered by the Respondent and quash the same. For Petitioner : Mr.Abudukumar Rajarathinam, Senior counsel for Ms.Vijayalakshmi K.Rajarathinam For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition is filed to quash the complaint registered in Crime No.579 of 2016 dated 21.09.2016 for offence under 1/4
Section 279 & 304(A) of IPC.
2.
The learned counsel appearing for the petitioner submits that the motor accident case, wherein, the petitioner been shown as accused for he being the driver of the Hyundai car. Though the case was registered on 21.09.2016, the respondent police has not filed the final report on completion of investigation and as on date the offence cannot be taken cognizance, since the limitation for the alleged offence prescribed has expired. Section 468 Cr.P.C., prescribes 3 years limitation for offence which could be punishable to an extent of 3 years. The punishment prescribed for offence under Section 279 IPC is imprisonment upto 6 months and punishment prescribed for offence under Section 304(A) IPC is imprisonment upto 2 years. 3.
The limitation to take cognizance of these two offences had lapsed long back. Hence the petition to quash is allowed. Accordingly, this Criminal Original Petition is allowed. As a result, FIR stands quash. Consequently, the connected Criminal Miscellaneous Petition is closed. 23.10.2024 rpl 2/4
To 1.The Inspector of Police TIW - Chrompet Police Station, Chennai.
2.The Public Prosecutor, High Court of Madras, Chennai.
3/4
Dr.G.JAYACHANDRAN,J.
rpl 23.10.2024 4/4