Madras High CourtCRL OP(MD)/6952/2023allowed

N.Sahulhameed v. The Inspector Of Police

2023-04-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6952 of 2023 and Crl.M.P(MD).No.6031 of 2023 1.N.Sahulhammed 2.I.Riyazdeen @ Riyaj 3.N.Katheeja Beevi 4.M.Sikkandar 5.M.Abdul Lathif 6.Siraj Nisha

...Petitioners

Vs.

1.The State rep. by The Inspector of Police, Vilakkuthoon Police Station, Madurai District.

(Crime No.673 of 2021) 2.Manimaran .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the case registered in First Information Report in Crime No.673 of 2021 on the file of the 1st respondent and quash the same as against the petitioners are concerned. 1/4

For Petitioner : Mr.K.Navaneetharaja For 1st Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.673 of 2021 on the file of the 1st respondent police.

2. The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No. 673 of 2021 for the offence punishable under Sections 151, 290 and 269 IPC against the petitioners. The grievance of the petitioners is that though the case was registered in the year 2021, 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 2/4

petitioners, 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.

5.This criminal original petition is allowed and the FIR in Crime No.673 of 2021 on the file of the 1st respondent police is hereby quashed. Consequently, the connected Miscellaneous Petition is closed. 17.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp To 1.The Inspector of Police, Vilakkuthoon Police Station, Madurai 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.6952 of 2023 and Crl.M.P(MD).No.6031 of 2023 Dated :17.04.2023 4/4