Madras High CourtCRL OP(MD)/3581/2023allowed

Shantha Kumar v. The Inspector Of Police

2023-03-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.3581 of 2023 and Crl.M.P.(MD).No.3220 of 2023 Shantha Kumar ... Petitioner/Sole Accused Vs.

1.The State rep. by its Inspector of Police, Rameswaram Temple Police Station, Ramanathapuram District.

(Crime No.100 of 2020) ... 1st Respondent/Complainant 2.Tr.Ramamoorthy ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, call for the records of the FIR in Crime No. 100 of 2020 dated 01.09.2020 registered by the 1st respondent police and quash the same as illegal against the petitioner.

For petitioner : Mr.J.Vijayaraj For R1 : Mr.R.Suresh Kumar Government Advocate (Crl. side) 1/4

O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.100 of 20201 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.100 of 2020 for the offences punishable under Sections 188, 287, 336 against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2020, so far no final report has been 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 2 1⁄2 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.100 of 2020 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 10.03.2023 Index : Yes/No Internet : Yes/No TM To 1.The Inspector of Police, Rameswaram Temple Police Station, Ramanathapuram District.

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

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G.ILANGOVAN. J.

TM 10.03.2023 4/4