Madras High CourtCRL OP(MD)/13203/2022allowed

Thanalakshmi v. The Inspector Of Police

2022-07-22Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and Crl.M.P(MD) No. 8414 of 2022

1. Thanalakshmi,

2. Muthumari,

3. Devi,

4. Manimengalai,

5. Subramani @ Subramanian, : Petitioners Vs

1. The State represented by The Inspector of Police, Kalikudi Police Station, Madurai District (Crime No. 26 of 2017).

2. Pathamavathy, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to Crime No. 26 of 2017, Dated. 1/4

23.01.2017, on the file of the Inspector of Police, Kallikudi Police Station, Madurai District and quash the same.

For Petitioners : 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. 26 of 2017, on the file of the first respondent police. 2.The learned Counsel appearing for the petitioner submitted that all the offences are punishable below two years. Since the final report has not been filed before the concerned Judicial Magistrate Court, it is barred by limitation. Therefore, he pleaded to quash the FIR in Crime No.26 of 2017. 3.The learned Government Advocate (Crl.Side) submitted that based on the complaint lodged by the defacto complainant, an FIR in Crime No.26 of 2017 had been registered, for the offences under Sections 147, 294(b) and 323 IPC and also admitted that till now final report has not been filed before the concerned Judicial Magistrate Court.

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4.On a perusal of records, it is seen that all the offences are punishable below two years of imprisonment. In view of Section 468 Cr.P.C, final report has to be filed within a period of three years. Hence it is barred by limitation. 5.Accordingly, the FIR in Crime No.26 of 2017, is quashed. This criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed.

22.07.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr 3/4

V.SIVAGNANAM, J.

lr To 1.The Inspector of Police, Kalikudi Police Station, Madurai District

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

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