Madras High CourtCRL OP/2831/2024allowed

Manokaran 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.2001 of 2024 Manokaran S/o.Kattapomman ... Petitioner Vs.

State represented by Inspector of Police, Andimadam Police Station, Ariyalur District.

... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the FIR in Crime No.850 of 2020 on the file of the respondent and quash the same. For Petitioner : Mr.K.Gangadaran for Ms.A.Jagadeswari For Respondent : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.850 of 2020 on the file of the respondent.

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

3. The First Information Report was registered by the respondent police for offences u/s.143, 188 and 269 IPC. This First Information Report came to be registered during the pandemic period.

4. In the considered view of this Court, insofar as offences u/s.143 and 188 IPC are concerned, the same is covered by the judgment in 2018 2 LW (Crl) 606 [Jeevanandham and others Vs. State Rep. by Inspector of Police and another]. Insofar as offence u/s.269 IPC is concerned, 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 2/4

filed. The facts of the present case warrants 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.850 of 2020 on the file of the 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 To 1.The Inspector of Police Andimadam Police Station Ariyalur District 2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 3/4

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