Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.2741 of 2023 Ganesan ... Petitioners/Accused No.6 Vs.

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

(Crime No.292 of 2019) ... 1st Respondent/Complainant 2.Ragu ... 2nd Respondent/Defacto 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.292 of 2019 on the file of respondent police and quash the same.

For Petitioner : Mr.J.Vishnu For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor 1/4

O R D E R This Criminal Original Petition has been filed to quash the FIR in Crime No.292 of 2019 on the file of the first respondent. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.292 of 2019 for the offences punishable under Sections 143 & 188 of IPC against the petitioners. The grievance of the petitioners is that though the case was registered in the year 2019, so far no final report has been filed.

3.The learned Additional Public Prosecutor 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 4 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.

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5.This criminal original petition is allowed and the FIR in Crime No.292 of 2019 on the file of the respondent police is hereby quashed in respect of these petitioners. Consequently, connected miscellaneous petition is closed.

25.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The Inspector of Police, Keelavalavu Police Station, Madurai District.

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

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G.ILANGOVAN. J.

TM 25.04.2023 4/4