Stephenraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.10174 of 2025 and Crl.MP(MD) No.7563 of 2025 Stephenraj ... Petitioner Vs 1.State of Tamil Nadu, Rep by The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District.

Crime No.620 of 2020 2.Arivalagan

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the FIR in Crime No.620 of 2020, on the file of the first respondent police and quash the same insofar as the petitioner is concerned.

For Petitioner : Mr.T.Leninkumar For R1 : Mr.P.Kottaichamy Government Advocate(Crl.side)

O R D E R

The petitioner has moved this Criminal Original Petition to quash the First Information Report in Crime No. 620 of 2020, on the file of the first respondent police, on the ground of limitation. 1/5

2.According to the learned counsel, the above case has been registered for the offence under Sections 147, 294(b), 323 and 336 IPC and the maximum punishment for those offenses is two years. According to the learned counsel, the respondent police has not filed the final report for the case, which was registered in the year 2020 and therefore, the complaint, which is pending in Crime No.620 of 2020 has to be quashed on the ground of limitation.

3.Mr.P.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for the first respondent submits that the respondent police has already filed the final report through e-filing No.LTN20220002517C2025000247 on 17.06.2025.

4.This Court considered the rival submissions made and also perused the materials placed on record.

5.The petitioner has moved this application that the final report in Crime No.620 of 2020, on the file of the Avudaiyarkovil police station has not been filed and therefore it has to be quashed on the ground of limitation. Now it is reported that the respondent police has 2/5

filed the final report through E filing.

6.In view of the above, the respondent Police is directed to file necessary application to condone the delay with reasons, for filing the final report belatedly. The learned Judicial Magistrate shall take a call on that application, under Section 473 of Cr.P.C and to find out whether the reasons assigned by the respondent Police is reasonable and take a decision on the application and the final report filed by the respondent police. The petitioner can work out his remedy depending upon the orders of the learned Judicial Magistrate, in taking cognizance of the final report filed by the respondent police.

7.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

18.06.2025 NCC : Yes/No Index : Yes/No vrn 3/5

To The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District.

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.10174 of 2025 and Crl.MP(MD) No.7563 of 2025 18.06.2025 5/5