Tamil @ Tamilarasan 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.6856 of 2023 and Crl.M.P(MD).No.5958 of 2023 1.Tamil (A) Tamilarasn 2.Muniyaraj 3.Suriya 4.Ajithkumar 5.Ajithkumar @ Veeraperumal 6.Elangovan 7.Ajithkumar 8.Madhavan 9.Kumar

...Petitioners

Vs.

1.The State rep. by its The Inspector of Police, Valinokkam Police Station, Ramanthapuram District.

2.Shiva Shanmuganathan ...Respondents / Respondents PRAYER: This Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records in relating to the impugned FIR in Crime No.11 of 2022 on the file of the 1st respondent police and to quash 1/4

the same.

For Petitioner : Mr.M.S.Jeyakarthick For 1st respondent : Mr. N.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.11 of 2022 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.11 of 2022 for the offence punishable under Section 160 IPC against the petitioners. The grievance of the petitioner is that though the case was registered in the year 2022, 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. 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 one year, 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.11 of 2022 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, Valinokkam Police Station, Ramanthapuram 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.6856 of 2023 and Crl.M.P(MD).No.5958 of 2023 Dated : 13.04.2023 4/4