Madras High CourtCRL OP(MD)/2884/2023dismissed as infructuous

Praveen Kumar v. The Inspector Of Police

2023-02-20Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20/02/2023

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.2884 of 2023 and Crl.MP(MD)No.2638 of 2023 1.Praveen Kumar 2.Dilipan 3.Ramesh 4.Chandrasekarn 5.Selvakumar : Petitioners/A1, A2, A3, A5 & A6 Vs.

1.The State rep. by The Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

(Crime No.1219 of 2020) : R1/Complainant 2.Kathiresan, Sub Inspector of Police, Bodinayakkanur Town Police Station, Theni District. : R2/De-facto Complainant Prayer:- Criminal Original Petition is filed under section 482 of the Criminal Procedure Code, to call for the records relating to the Final Report in FIR in Crime No.1219 of 2020 on the file of the 1st respondent Police in Unnumbered charge sheet filed before the learned Judicial Magistrate, Bodinayakkanur and quash the same as illegal and pass such further or other orders.

For Petitioners : Mr.H.Mohammed Imran for M/s.Ajamal Associates For 1st Respondent : Mr.R.Siva Kumar Government Advocate (Criminal side) 1/4

O R D E R

This criminal original petition has been filed seeking quashment of the final report in connection with Crime No.1219 of 2020 on the file of the first respondent police, in Unnumbered charge sheet filed before the Judicial Magistrate, Bodinayakkanur.

2.The facts in brief:- Final report has been filed stating that on 06/05/2020 at about 09.00 pm, when the witness Nos.1 and 2 were on routine duty, at that time, the accused persons mentioned in the margin column, found playing cards for profit. On that ground, FIR was registered and after completing the investigation, final report was filed before the Judicial Magistrate, Bodinayakanur.

3.Seeking quashment of the same, this petition has been filed stating that so far, no final report has been filed before the concerned court. So it is barred under section 468 of the Criminal Procedure Code.

4.Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the first respondent would submit that on the point of limitation under section 468 of the Criminal Procedure 2/4

Code, cognizance was barred, as per the order of the learned Judicial Magistrate, Bodinayakanur, on 06/02/2023. 5.Recording the above, this criminal original petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.

20/02/2023 Index:Yes/No Internet:Yes/No ls/er 3/4

To, 1.The Judicial Magistrate, Bodinayakkanur, Theni District.

2.The Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

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

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G.ILANGOVAN, J lr/er Crl.OP(MD)No.2884 of 2023 20/02/2023 5/4