S.Mohamed Ibrahim v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6858 of 2023 and Crl.M.P(MD).No.5959 of 2023 1.S.Mohamed Ibrahim 2.S.Shek Oli @ Sheik Oli 3.S.Nabisha Begum @ Nabisha 4.S.Saboorunnisha @ Nisha 5.A.Vahab Hussain @ Vahab Hussaian

...Petitioners

Vs.

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

(in Crime No.1469 of 2020) 2.Jeyamanickam

...Respondents / 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. 1469 of 2020 on the file of the 1st respondent and quash the same as illegal as against the petitioner 1/4

concerned For Petitioner : Mr.Navaneetha Raja K.

For R1 : Mr. B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No. 1469 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. 1469 of 2020 for the offence punishable under Sections 151, 291, 270 IPC and Section 3 of Epidemic Diseases Act 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 Additional Public Prosecutor submitted that so far final report has not been filed before the concerned Court. 2/4

4.Considering the nature of offence made out against the petitioner, this Court is of the view that since even after a lapse of three 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.1469 of 2020 on the file of the 1st respondent police is hereby quashed. Consequently, the connected Miscellaneous Petition is closed. 13.04.2023 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, 3/4

Madurai.

G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.6858 of 2023 and Crl.M.P(MD).No.5959 of 2023 Dated : 13.04.2023 4/4