Madras High CourtCRL OP(MD)/12853/2022allowed

Veera @ Veeramuthu v. The Inspector Of Police

2022-07-18Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and Crl.M.P(MD) No.8148 of 2022 Veera @ Veeramuthu, : Petitioner Vs 1.The State represented by The Inspector of Police, Srirangam Police Station, Trichy City.

Crime No.146 of 2019.

2. Baskaran, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to all for the entire records pertaining to Crime No.146 of 2019 dated 19.03.2019, on the file of the Inspector of Police Srirangam Police Stationm Trichy and quash the same in so far as this petitioner is concerned. 1/4

For Petitioner : M/s. Haroon Rasheed.D.S, For R1 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.146 of 2019 dated 19.03.2019, on the file of the Inspector of Police Srirangam Police Stationm Trichy, as against the petitioner. 2.The learned Counsel appearing for the petitioner submitted that an FIR had been registered in crime No.146 of 2019 as against the petitioner, for the offences under Sections 294(b), 323 and 506(1) IPC, on 19.03.2019. Limitation for prosecution is three years, but the respondent police failed to file final report within a period of three years. Being barred by statutory limitation, the FIR has to be quashed.

3.The learned Government Advocate (Crl.Side) admitted that an FIR in Crime No.146 of 2019 had been registered, as against the petitioner, for the offences under Sections 294(b), 323 and 506(1) IPC. But, till now final report has not been filed.

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4.I have considered the submissions made by both the parties. 5.On a perusal of records,it reveals the fact the FIR in Crime No.146 of 2019 had been registered, as against the petitioner, for the offences under Sections 294(b), 323 and 506(1) IPC. The statutory period of limitation for filing final report and taking cognizance by the Court is within a period of three years. But, in this case, as on date, charge sheet has not been filed. Therefore, it is a case of bar of statutory limitation of criminal proceedings. 6.In view of the above, the FIR in Crime No.146 of 2019 is liable to be quashed. Accordingly, the FIR in Crime No.146 of 2019, is quashed and this criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed.

18.07.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr 3/4

V.SIVAGNANAM, J.

lr To 1.The Inspector of Police, Srirangam Police Station, Trichy City.

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

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