Madras High CourtCRL OP(MD)/9589/2023allowed

Jb Saravanan 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.9589 of 2023 and Crl.M.P(MD).Nos. 7697 of 2023 JB.Saravanan

...Petitioner

Vs.

The state through The Inspector of Police, Palani Police Station, Dindigul District.

(Crime No.291 of 2019) .... Respondent PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the proceedings in Crime No. 291 of 2019 on the file of the first respondent and quash the same. For Petitioner : Mr.Bashyam 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.291 of 2019 on the file of the respondent police.

2. The contention of the petitioner is that the respondent police registered the First Information Report in Crime No. 291 of 2019 for the offences punishable under Sections 7(1), 7(3), 353 and 506(i) of IPC Lotteries Regulation Act, 1996 against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2019, 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 four 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.

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5.This criminal original petition is allowed and the FIR in Crime No.291 of 2019 on the file of the respondent police 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, Palani Police Station, Dindigul District.

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

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G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.9589 of 2023 and Crl.M.P(MD).Nos. 7697 of 2023 Dated :05.06.2023 4/4