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Madras High CourtCRL OP(MD)/12681/2022allowed

Gurusethirapathi v. The Inspector Of Police

2022-07-14Honourable Mr Justice V.Sivagnanam6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.12681 of 2022 and Crl.M.P(MD) No.8030 of 2022 Gurusethirapathi ... Petitioner/Accused No.4 Vs

1. The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

... 1st Respondent/ Complainant

2. Gajendran ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the First Information Report in Crime No.106 of 2021, dated 15.06.2021, under Sections 269, 279, 291 I.P.C and under Section 179 of Motor Vehicles Act, on the file of the first respondent/ police and quash the same as against the petitioner concerned. For Petitioner : Mr.M.Gurudas For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/6

O R D E R

This Criminal Original Petition has been filed to call for the records relating to the First Information Report in Crime No.106 of 2021, dated 15.06.2021, under Sections 269, 279, 291 I.P.C and under Section 179 of Motor Vehicles Act, on the file of the first respondent/ police and quash the same as against the petitioner concerned.

2.The learned counsel appearing for the petitioner submitted that the case has been registered against the petitioner in Crime No.106 of 2021 on 15.06.2021, for the offence under Sections 269, 279, 291 I.P.C and under Section 179 of Motor Vehicles Act. 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 statutorily barred by limitation. Hence, he prayed to quash the criminal proceedings against the petitioner. 2/6

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.106 of 2021 on 15.06.2021, for the offence under Sections 269, 279, 291 I.P.C and under Section 179 of Motor Vehicles Act. The offence punishable under Section 269 I.P.C, is imprisonment for six month, or fine, or both, Section 279 of I.P.C, is imprisonment for six months or fine of Rs.1,000/- or both, Section 291 of IPC, is simple imprisonment for six months or fine or both, and under Section 179 of Motor Vehicles Act, is punishable with imprisonment for a period which may extend to one month, or with fine which may extend to Rs.500/- or both. The statutory period for prosecution is below one year and the final report has not been filed within one year. Therefore, it is a case of statutorily barred for 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.106 of 2021, is hereby quashed as barred by limitation. Consequently, the connected criminal miscellaneous petition is closed. 14.07.2022 Internet:Yes./No Index:Yes/no ebsi 4/6

To

1. The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

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

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V.SIVAGNANAM, J.

ebsi ORDER IN CRL.O.P (MD) No.12681 of 2022 14.07.2022 6/6