Syedhaneef v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Syedhaneef ... Petitioner Vs The Inspector of Police, Thirugokarnam Police Station, Pudukottai District.

Crime No.58/2018.

...Respondent

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to FIR in Crime No.58 of 2018 dated 05.04.2018 on the file of the respondent police and quash the same as against the petitioner.

For Petitioner : Mr.D.Ramesh Kumar For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.side)

O R D E R

The petitioner has been arrayed as accused in Crime No. 58 of 2018 dated 05.04.2018, on the file of the respondent police, for agitating the River Kaveri issue.

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2.The learned counsel for the petitioner submits that the respondent police has not filed the final report for the case, which was registered in the year 2018 for the offence under Sections 341, 143 and 188 of IPC.

3.The learned Government Advocate (Crl.side) appearing for the respondent claims that the final report has been filed, however, he has not assigned the date on which, the final report has been filed. 4.The learned counsel for the petitioner has relied upon the information provided by the respondent police on 06.02.2024 and submits that in fact, the respondent police has not filed the final report so far that they were not in a position to identify 11 accused. 5.Considering the facts that the case was registered in the year 2018 that too, for the offence under Sections 341, 143 and 188 of IPC; the maximum punishment for such offence is only six months imprisonment; the respondent police has not filed the final report for more than six years, this Court is inclined to quash the above First Information Report.

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6.Accordingly, this Criminal Original Petition is allowed. The case in Crime No. 58 of 2018 dated 05.04.2018, on the file of the respondent police is hereby quashed.

01.07.2024 NCC : Yes/No Index : Yes/No vrn To 1.The Inspector of Police, Thirugokarnam Police Station, Pudukottai District.

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

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B.PUGALENDHI,J vrn Order made in 01.07.2024 4/4