Madras High CourtCRL OP(MD)/1657/2022allowed

V. Aandavar v. The Inpsector Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1657 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1657 of 2022 and Crl.M.P.(MD)No.1199 of 2022 V.Aandavar ... Petitioner/Accused No.2 Vs.

The Inspector of Police, Vadamadurai Police Station, Dindigul District.

(In Crime No.1259 of 2020) ... Respondent/Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the FIR registered in Crime No.1259 of 2020 on the file of the Inspector of Police, Vadamadurai Police Station, Dindigul.

For Petitioner : Mr.M.Vigneshkumar For Respondent : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side)

O R D E R

Heard the learned counsel on either side.

2.The petitioner is figuring as the second accused in Crime No.1259 of 2020 registered on the file of Vadamadurai Police Station for the offence under Section 12 of Tamilnadu Gaming Act, 1930. 3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the final report had already been filed on 26.12.2021 and that it is yet to be taken on file.

4.The case on hand is squarely covered by the decision of a learned Judge of this Court made in Crl.O.P.(MD)No.6568 of 2020, dated 24.07.2020. The FIR was registered on 28.07.2020. The final report should have been filed within one year. It was not done so. Even according to the respondents, the final report was filed only on 26.12.2021. It is beyond period of limitation. Of course even after the expiry of the limitation period, final report can be filed and cognizance can be taken. But explanation must be forthcoming. In this case, no such explanation is forthcoming. Therefore, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1657 of 2022 moulding the relief sought for in this criminal original petition, the prosecution initiated against the petitioner is quashed and the criminal original petition is allowed. The benefit of this order will enure in favour of the non-petitioning accused also. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (LA&MC) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

Crl.O.P(MD)No.1657 of 2022 04.02.2022 RJ(CO) KB(11.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2