Madras High CourtCRL OP(MD)/1201/2024allowed

R.Uma v. The Inspector Of Police

2024-01-29Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP and Crl.M.P.(MD).No.813 of 2024 R.Uma ... Petitioner Vs.

1.The State represented by its, The Inspector of Police, K.Pudupatty Police Station, Pudukottai District.

(Crime No.112 of 2016) 2.S.Chithradevi

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the First Information Report in connection with Crime No.112 of 2016 on the file of the Inspector of Police, K.Pudupatty Police Station, Pudukottai District and quash the same as illegal and devoid of merits.

For Petitioner : Mr.C.Ezhilarasu For R-1 : Mr.M.Veeranthiran Government Advocate Criminal Side 1/4

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner is arrayed as Accused No.5 in Crime No.112 of 2016 for the offences punishable under Sections 147, 294(b) and 323 of IPC. Till date, charge sheet had not been filed. Therefore, he seeks to quash the same.

2. The learned Government Advocate (Criminal Side) on instructions of the first Respondent would submit that the case was registered based on the dispute between the family members. Therefore, the Investigation Officer had not filed final report till date.

3. The final report ought to have been filed within six months or one year from registration of FIR. As per Section 468 of Cr.P.C, final report for offences attracting fine or imprisonment upto one year shall be filed within one year, since the same had not been filed till this day. Even if it is filed, it cannot be entertained. The FIR in Crime No.112 of 2016 on the file of the first Respondent is quashed, insofar as the Petitioner is concerned. 2/4

4. In view of the above, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 29.01.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Inspector of Police, K.Pudupatty Police Station, Pudukottai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 29.01.2024 4/4