Madras High CourtCRL OP/2829/2024allowed

Vijay v. State Rep By

2024-02-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.1999 of 2024 1.Vijay S/o.Nagarajan 2.Vetrichelvan S/o.Renganathan 3.Manikandan S/o.Rayar 4.Gokul S/o.Pazhanivel 5.Kumaraguru S/o.Baskar ... Petitioners Vs.

1. State represented by Inspector of Police T.Palur Police Station Ariyalur District (Crime No.531 of 2021)

2. Rajendran ... Respondents 1/4

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the FIR in Crime No.531 of 2021 on the file of the first respondent and quash the same. For Petitioners : Mr.K.Gangadaran for Mr.K.Jagadeswari For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.531 of 2021 on the file of the first respondent.

2. Heard Mr.K.Gangadaran, learned counsel for petitioners and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for first respondent.

3. The First Information Report was registered by the respondent police for offences u/s.143, 269 and 270 IPC, Section 3 of Epidemic Diseases Act, 1897 and Section 51(b) of the Disaster Management Act, 2005. This First Information Report came to be registered during the pandemic period.

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4. In the considered view of this Court, even if a final report is filed now, it will be a bar u/s.468 Cr.P.C. and the Court below cannot take cognizance since the final report is filed beyond the period of limitation. Admittedly, till date, no final report has been filed. The facts of the present case does not warrant exercising jurisdiction u/s.482 Cr.P.C. Hence, the continuation of investigation will not serve any purpose.

5. In the light of the above discussion, the First Information Report in Crime No.531 of 2021 on the file of the first respondent, is hereby quashed.

Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 14.02.2024 Speaking Order/Non-speaking Order Index :Yes/No gm 3/4

N.ANAND VENKATESH, J gm To 1.The Inspector of Police T.Palur Police Station Ariyalur District 2.The Public Prosecutor, High Court, Madras.

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