← Library
Madras High CourtCRL OP(MD)/9613/2023allowed

Prabhu v. The Inspector Of Police

2023-06-05Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9613 of 2023 and Crl.M.P(MD).No.7732 of 2023 Prabhu

...Petitioner

Vs.

1.The Inspector of Police, Thallakulam Police Station, Madurai City, Crime No.2526 of 2018 2.Thiyagapriyan .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the Crime No.2526 of 2018 pending on the file of the 1st respondent police and quash the same as against the petitioner.

For Petitioner : Mr.G. Karuppasamy Pandian For 1st Respondent : Mr.B. Nambiselvan Additional Public Prosecutor 1/4

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No. 2526 of 2018 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. 2526 of 2018 for the offence punishable under Section 9 of Tamil Nadu Gaming Act, 1930 against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2018, 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. 4.Considering the nature of offence made out against the petitioner, this Court is of the view that since even after a lapse of five 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 2/4

is inclined to allow this petition.

5. This criminal original petition is allowed and the FIR in Crime No.2526 of 2018 on the file of the 1st respondent police as against the petitioner is hereby quashed.

Consequently, the connected Miscellaneous Petition is closed.

05.06.2023 Index :

Yes / No Internet :

Yes / No trp To 1.The Inspector of Police, Thallakulam Police Station, Madurai City, 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.9613 of 2023 and Crl.M.P(MD).No.7732 of 2023 Dated :05.06.2023 4/4