M.Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.4779 of 2023 M.Saravanan ... Petitioner/ Accused No.11 Vs.

The State Represented by The Inspector of Police, Town Police Station, Pudukkottai.

(Crime No.4 of 2019) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to Crime No.4 of 2019 on the file of the respondent police dated 06.01.2019 and quash the same and consequently allow this criminal original petition. For Petitioner : Mr.Anandkumar.J For Respondent : Mr.Nambiselvan.B Additional Public Prosecutor.

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.4 of 2019 on the file of the 1st respondent police. 1/4

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.4 of 2019 for the offences punishable under Sections 143 and 341 of IPC against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2019, 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 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 3 1⁄2 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. 5.This criminal original petition is allowed and the FIR in Crime No.4 of 2019 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed.

23.03.2023 NCC:Yes/No Index : Yes/No Internet:Yes/No Indu 2/4

To

1. The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai.

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

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G.ILANGOVAN, J., Indu Crl.O.P.(MD)No. 5398 of 2023 23.03.2023 4/4