Madras High CourtCRL OP(MD)/2688/2024allowed

Mohamed Abuthahir v. The Inspector Of Police

2025-09-04Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.2688 of 2024 and Crl.M.P.(MD).No.2081 of 2024 Mohamed Abuthahir ... Petitioner/Accused No.9 Vs.

1.The State represented by, The Inspector of Police, B-1 Vilakkuthoon Police Station, (Crime No. 110 of 2022) ... 1st Respondent/Complainant 2.Ramesh, Sub Inspector of Police (539), B-1 Vilakuthoon Police Station, ...2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.110 of 2022 dated 21.05.2022 on the file of the B-1 Vilakuthoon Police station, Madurai City and quash the same against this petitioner alone. For Petitioner : Mr.M.Seenisulthan For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.110 of 2022, which was instituted at the instance of the second respondent, namely, the Sub Inspector of Police alleging that the petitioner along with others had participated in a protest at the instance of the leader of an organization called 'NWF' without valid permission from the police and by blocking the main road. The FIR was registered for the offences under Section 151, 283 and 290 of IPC.

2. The learned counsel for the petitioner would submit that the offence under Section 151 IPC is punishable with a maximum sentence of six months; that the offence under Section 290 IPC is punishable with a maximum fine of Rs.200/- and the offence under Section 283 IPC is punishable with a maximum fine of Rs.200/-; and that no other offence could be made out on the allegations in the FIR and even if the respondents are permitted to file a final report, it would be barred by limitation.

3. The learned Government Advocate, on instructions, fairly submitted that apart from the offences alleged in the FIR, no other offences are made out as against the petitioner and there is no valid explanation for the delay in the investigation.

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4. In the light of the above submission that the only offences on which the petitioner can be charged are under Section 151, 283 and 290 of IPC, this Court is of the view that even if the respondents are allowed to file the final report, at this stage, it would be barred by limitation. As rightly contended by the learned counsel for the petitioner, the maximum sentence that can be imposed on the petitioner is six months for the offence under Section 151 IPC. Section 468(2)(b) of Cr.P.C prescribes the period of limitation of one year for the offence punishable with an imprisonment for a term not exceeding one year. The impugned FIR was lodged on 21.05.2022. Therefore, this Court is of the view that no useful purpose would be served in keeping the impugned FIR pending investigation. Accordingly, the impugned FIR is quashed as against the petitioner herein and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 04.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To

1. The Inspector of Police, B-1 Vilakkuthoon Police Station, 3/5

2.The Sub Inspector of Police (539), B-1 Vilakuthoon Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.2688 of 2024 04.09.2025 5/5