Madras High CourtCRL OP(MD)/12168/2022allowed

John Prasanth Nickson v. The Inspector Of Police

2022-07-07Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.12168 of 2022 and CRL.M.P(MD) No.7693 of 2022 John Prasanth Nickson ... Petitioner Vs 1.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

2.A.Alwin ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the FIR in Crime No.168 of 2021 on the file of the first respondent and quash the same as against the petitioner is concerned.

For Petitioner : Mr.C.Susi Kumar For 1st Respondent: Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.168 of 2021 on the file of the first respondent. 1/4

2.The learned counsel appearing for the petitioner submitted that the the case has been registered against the petitioner in Crime No.168 of 2021 on 18.05.2021, for the offence under Section 269 of IPC. He further submitted that the respondent Police has not filed final report within the statutory period as prescribed under Section 468 of Cr.P.C., and the Criminal Proceedings against the petitioner is statutarily barred by limitation. Hence, he prayed to quash the criminal proceedings against the petitioner.

3.The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that the final report has not been filed as on date. 4.On perusal of the materials available on records, the facts reveal that the case has been registered against the petitioner in Crime No.168 of 2021, on 18.05.2021, for the offence punishable under Section 269 of IPC. The offence punishable under Section 269 of IPC, is imprisonment for six months or with fine or both. The statutory period for prosecution is one year and the final report has not been filed within one year. Therefore, it is a case of statutarily barred by continuing the criminal proceedings and it is liable to be quashed.

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5. Accordingly, this Criminal Original Petition is allowed and as a sequel, the further criminal proceedings of the FIR in Crime No.168 of 2021, is hereby quashed as barred by limitation. Consequently, the connected criminal miscellaneous petition is closed. 07.07.2022 Internet:Yes./No Index:Yes/no vsg To 1.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

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

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V.SIVAGNANAM, J.

vsg ORDER IN CRL.O.P (MD) No.12168 of 2022 and CRL.M.P(MD) No.7693 of 2022 07.07.2022 4/4