Madras High CourtCRL OP(MD)/2441/2022allowed

Manikandan v. The Inspector Of Police

2022-02-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2441 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2441 of 2022 and Crl.M.P(MD)Nos. 1579 and 1801 of 2022 Manikandan

...Petitioner/Sole Accused

Vs.

1.The State represented by The Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

(Crime No.650 of 2020)

...Respondent/Complainant

2.Louis Lawrance V, The Sub Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

...Respondent/Defacto Complainant

Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to pass an order to call for records in connection with Crime No.650 of 2020 on the file of the Inspector of Police, kanyakumari Police Station, Kanyakumari, Kanyakumari District, and subsequently quash the same as illegal, erroneous and devoid of merits forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.T.Senthil Kumar Govt. Advocate (Crl.Side)

O R D E R

Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 2.The petitioner is shown as an accused for the offence in Crime No.650 of 2020 for the offences under Section 75 of the Tamil Nadu City Police Act 1888. The case was registered on 13.06.2020. The final report should have been filed within a period of one year, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2441 of 2022 but it has not been done. Since there is no explanation forth coming, invoking the power under Section 468 of Criminal Procedure Code, the impugned FIR is quashed.

3.With the said observation, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

2.The Sub Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

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

Crl.O.P(MD)No.2441 of 2022 03.02.2022 ims(CO) GC(16.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2