Madras High CourtCRL OP(MD)/10282/2023allowed

Vijayakumaran v. The Inspector Of Police

2023-06-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10282 of 2023 and Crl.M.P.(MD).No.8179 of 2023 Vijayakumaran

...Petitioner

Vs.

1. State rep. by The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

(Crime No.182 of 2022) 2.Mariappan .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the proceedings of the First Information Report in Crime No.182 of 2022 pending on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.G. Mariappan For Respondents : Mr.B. Nambiselvan Additional Public Prosecutor 1/4

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.182 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.182 of 2022 for the offences punishable under Sections 143, 290, 291 and 341 IPC against the petitioner. 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 made ready but not presented before the 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 two 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 2/4

inclined to allow this petition.

5.This criminal original petition is allowed and the FIR in Crime No.182 of 2022 on the file of the 1st respondent police is hereby quashed. Consequently, the connected Miscellaneous Petition is closed. 13.06.2023 Index :

Yes / No Internet :

Yes / No trp To

1. The Inspector of Police, Virudhunagar West Police Station, Virudhunagar 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.10282 of 2023 and Crl.M.P.(MD).No.8179 of 2023 Dated :13.06.2023 4/4