Madras High CourtCRL OP(MD)/1113/2019closed

A.Muthu, v. The Sub Inspector Of Police

2019-02-28Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.1113 of 2019 A.Muthu ... Petitioner/Accused No.7 /Vs./ 1.State by The Sub-Inspector of Police, Uppiliyapuram Police Station, Trichy District.

[Crime No.82 of 2010]

...Respondent 1

2.Subramani ... Respondent 2/Defacto Complainant Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.82 of 2010 dated 08.04.2010 pending on the file of the first respondent and quash the same as against the petitioner. For Petitioner : Mr.G.Rajan For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side) For R-2 : Mr.A.Ganesan

ORDER

The present petition is filed to quash the FIR in Crime No.82 of 2010 for the offences under Sections 147, 148, 294(b), 324, 323, 427 and 506(ii) IPC.

2. The learned counsel appearing for the petitioner submitted that the date of occurrence was alleged to be on 09.04.2010, that FIR was registered immediately and the case has not yet been charge sheeted. He further submitted that the maximum punishment awardable to these major offences is below three years and hence there will be a bar of limitation under Section 468 Cr.P.C.

3. The learned Government Advocate (Crl. Side) submitted that the bar of limitation provided in 468 Cr.P.C., is condonable under Section 471 r/w 473 Cr.P.C. He also submitted that the Investigating Agency is finalising the final report. https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl. Side).

5. It is now obvious that the final report may not be entertained, unless the Investigating Agency is able to explain to the satisfaction of the Court the reason for undue delay in filing the final report. The learned Magistrate is therefore directed to put the petitioner on notice, hear him on the same and thereafter, he shall take a decision as to whether the delay must be condoned or not, as and when the prosecution comes down with the final report. The Investigating Agency is also directed to intimate the date on which they are laying final report to the petitioner. Accordingly, this petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Sub-Inspector of Police, Uppiliyapuram Police Station, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.G.RAJAN, Advocate ( SR-51428[F] dated 04/03/2019 ) +1 CC to M/s.A.GANESAN, Advocate ( SR-51423[F] dated 04/03/2019 ) SM Order made in Crl.O.P.(MD)No.1113 of 2019 28.02.2019 KM/(25.03.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/