Madras High CourtCRL OP(MD)/5909/2023allowed

Rajendran v. The Inspector Of Police

2023-03-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5909 of 2023 and Crl.MP(MD) No.5159 of 2023 Rajendran ... Petitioner Vs.

1.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

(In Crime No.1064/2017)

2. Nanthakumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.1064 of 2017 on the file of the respondent police and QUASH the same.

For Petitioner : Mr.J.Jeyakumaran For 1st respondent : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.1064 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.1064 of 2017 for the offences punishable under Sections 294(b) and 506(i) 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 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 six 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 2/4

is inclined to allow this petition.

5.This criminal original petition is allowed and the FIR in Crime No.1064 of 2017 on the file of the 1st respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 30.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp To 1.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

(In Crime No.1064/2017) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.5909 of 2023 and Crl.MP(MD) No.5159 of 2023 Dated: 30.03.2023 4/4