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Madras High CourtCRL OP(MD)/7050/2023allowed

R.Murugesan v. The Inspector Of Police

2023-04-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.7050 of 2023 R.Murugesan ... Petitioner Vs.

1.The Inspector of Police, Vadakku Police Station, Pudukkottai District.

(Crime No.40 of 2017) ... 1st Respondent/Complainant 2.Karikarcholan, Inspector of Police, Vadakku Police Station, Pudukkottai District.

... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the case in FIR in Crime No. 40/2017 on the file of the 1st respondent police and quash the same in so far as the petitioner is concerned.

For Petitioners : Mr.M.Suresh For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

O RDER This petition is filed seeking to quash the FIR in Crime No. 40/2017 on the file of the 1st respondent police. 2.

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.40 of 2017 for the offences punishable under Sections 143 and 188 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 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 6 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.

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5.This criminal original petition is allowed and the FIR in Crime No.40 of 2017 on the file of the respondent police is hereby quashed. Index : Yes/No 27.04.2023 Internet : Yes/No TM To 1.The Inspector of Police, Vadakku Police Station, Pudukkottai District.

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

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G.ILANGOVAN. J.

TM 27.04.2023 4/4