← Library
Madras High CourtCRL OP(MD)/6971/2023allowed

Gunalan v. The Inspector Of Police

2023-06-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6971 of 2023 Gunalan

...Petitioner

Vs.

1.The State rep. by The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

Crime No.323 of 2020 2.S.Thievendran .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the case in Crime No.323 of 2020, dated 11.06.2020 on the file of the 1st respondent i.e., the Inspector of Police, Uchipuli Police Station, Ramanathapuram District and quash the same.

For Petitioner : Mr.B.Mahendrarajan For Respondents : Mr.R.Sureshkumar Government Advocate (Crl. Side) 1/4

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No. 323 of 2020 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. 323 of 2020 for the offence punishable under Section 379 IPC 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 made ready but not presented before the 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 two 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.323 of 2020 on the file of the 1st respondent police is hereby quashed. 19.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp To

1. The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.6971 of 2023 Dated :19.06.2023 4/4