Madras High CourtCRL OP(MD)/4321/2022allowed

P.Sathishkumar v. The Inspector Of Police

2022-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4321 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4321 of 2022 in Crl.M.P(MD)No.3076 of 2022 1.P.Sathishkumar 2.Natarajan 3.Karthikeyan ... Petitioners/Accused 1 to 3 Vs.

1. The Inspector of Police Thiruppuvanam Police Station, Sivagangai District.

2. Thiruvanantham The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records pertaining to the FIR in Crime No.132 of 2018 on the file of the respondent police and quash the same as illegal as far as the petitioners concerned. For Petitioners : Mr.J.Jeyakumaran For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.132 of 2018 on the file of the respondent police and quash the same as illegal as far as the petitioners concerned.

2.It is seen that there are totally six accused in this case and the petitioners herein are arrayed as A1 to A3. On the complaint of the first respondent dated 30.04.2018, when the vehicle check up was conducted they found the accused persons. There was a wordy quarrel between them. The allegations are trivial in nature. That apart the crime was registered in the year 2018 and even till today charge sheet has not been filed for the offence under Section 160 of IPC. As far as the offence under Section 160 of IPC is concerned, punishment for committing affray. Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month or with fine may extend to one hundred rupees or with both.

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Crl.O.P.(MD) No.4321 of 2022 3.However the first respondent did not file the final report even till today and it is barred by limitation under Section 468 of Cr.P.C. While such being so, the Court cannot take cognizance of the complaint after a period of one year. No purpose will be served by allowing the case in Crime No. 1409 of 2019 to be kept pending. 4.In view of the same, the proceedings in Crime No.132 of 2018 is quashed. Accordingly, this criminal original petition is allowed. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Inspector of Police Thiruppuvanam Police Station, Sivagangai District.

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

+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-10456[F] dated 07/03/2022 ) Crl.O.P.(MD) No.4321 of 2022 in Crl.M.P(MD)No.3076 of 2022 07.03.2022 RS(21.03.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2