Madras High CourtCRL OP(MD)/2598/2023allowed

Ganesan v. The Inspector Of Police

2023-10-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.2598 of 2023 and Crl.M.P.(MD).No.2343 of 2023 Ganesan

...Petitioner / Accused Rank No.2

Vs.

1.The Inspector of Police, Keelavalavu Police Station, Madurai District.

(In Crime No.139 of 2015) ...1st Respondent / Complainant 2.Lakshmi ...2nd Respondent / De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.139 of 2015 on the file of the first respondent police and quash the same so for as this petitioner / A2 concern.

For Petitioner :Mr.J.Vishnu For Respondent :Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/4

O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.139 of 2015 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.139 of 2015 for the offences punishable under Sections 147, 341, 294(b), 354, 323, 506(i) of IPC against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2015, so far no final report is filed before the concerned Court.

3.The learned Government Advocate (Crl. Side) submitted that so far final report has not been filed before the concerned Court. 4.Considering the nature of offence made out against the petitioner, this Court is of the view that since even after a lapse of 8 years, the final report has not been filed before the Concerned Court, it is barred by limitation under Section 468 of Cr.P.C . Therefore, this Court is inclined to allow this petition. 2/4

5.This criminal original petition is allowed and the FIR in Crime No.139 of 2015 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed.

Speaking : Yes / No 20.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Inspector of Police, Keelavalavu Police Station, Madurai District.

(In Crime No.139 of 2015) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.2598 of 2023 20.10.2023 4/4