Madras High CourtCRL OP/27869/2025allowed

Sathishbabu v. The State Rep By The Inspector Of Police

2025-10-13Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 27869 of 2025 & Crl.M.P.No.18911 of 2025

1. Sathishbabu

2. Ajithkumar Petitioner(s) Vs

1. The State rep by The Inspector of Police Mangalamedu Police Station, Perambalur District. Crime No.906 of 2021.

2.Amsa Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS Act to call for the records in connection with the impugned FIR in Crime No.906 of 2021, on the file of the 1st respondent and quash the same. For Petitioner(s):

Mr.M.Vijaya Ragavan For Respondent(s):

Mr.K.M.D.Muhilan for R1 Additional Public Prosecutor 1/4

ORDER

The petitioner seeks to quash the FIR in Crime No.906 of 2021 registered against him on 05.11.2021 by the 1 st respondent police for offence punishable under Sections 294(b), 355, 323 and 506(1) of IPC.

2. The allegation in the FIR is that while bursting crackers during deepavali festival, there was a wordy quarrel, on account of which, the defacto complainant was abused.

3. The learned Additional Public Prosecutor appearing for the 1 st respondent, on instructions, would submit that the final report has not been filed.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1 st respondent and perused the documents placed on record.

5. On going through the entire allegation in the FIR, it is seen that there is no specific overt act to constitute any offence, further, having filed the FIR on 05.11.2021, till now, final report has not been filed. 2/4

6. Therefore, considering the nature of the offences registered against the petitioner, cognizance also cannot be taken under Section 468(ii) of Cr.P.C.,/Section 514 of BNSS, since limitation of taking cognizance is over. In such view of the matter, continuing the impugned FIR No.906 of 2021 will not serve any purpose to the prosecution. Hence the FIR in Crime No.906 of 2021 stands quashed and the present Petition is allowed. Consequently, connected miscellaneous petition is closed.

13-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd To 1.The State rep by The Inspector of Police Mangalamedu Police Station, Perambalur District. Crime No.906 of 2021.

2. The Public Prosecutor, High Court, Madras 3/4

N.SATHISH KUMAR J.

ssd CRL OP No. 27869 of 13-10-2025 4/4