S.Karthick Babu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2023 CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN S. Karthick Babu ... Petitioner Vs.
1. The State of Rep. by The Inspector of Police, Othakadai Police Station, Madurai District.
2. Dinakaran Kanagaraj ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the First Information Report in connection with Crime No. 281 of 2017, on the file of the Inspector of Police, Othakadai Police Station, Madurai District and quash the same as illegal. For Petitioner : Mr.C. Prithviraj For R1 : Mr.B.Nambiselvan Additional Public Prosecutor 1/4
ORDER
This petition has been filed seeking to quash the impugned FIR in Crime No.281 of 2017 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.281 of 2017 for the offences punishable under Sections 279 and 337 of IPC, against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2017, so far no final report has been filed before the concerned Court.
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 5 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. 281 of 2017 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 15.03.2023 Index : Yes/No Internet:Yes/No tta To
1. The State of Rep. by The Inspector of Police, Othakadai Police Station, Madurai District.
2. Additional Public Prosecutor Madurai Bench of Madras High Court.
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G.ILANGOVAN, J., tta 15.03.2023 4/4