Madras High CourtCRL OP(MD)/13967/2022allowed

C.Saravanan v. The Inspector Of Police

2022-08-03Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and Crl.MP(MD)No.8959 of 2022

1. C.Saravanan

2. S.Radhika ... Petitioners Vs

1. The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.

(In Crime No.51/2018)..

2. Chithambaram ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the impugned FIR in Crime No. 51/2018 on the file of R1 Police Station and quash the same as illegal as against the petitioners concerned.

For Petitioner : M/s. Karunanidhi R For Respondent : Mr.M.Sakthi Kumar (R1) Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.51 of 2018, on the file of the first respondent Police. 2.The learned counsel for the petitioner submitted that the petitioner is an accused in Crime No.51 of 2018, which was registered on 04.10.2018, for the offence under Sections 448, 294(b), 323, 506(i) IPC. So far, final report has not been filed by the first respondent Police. The alleged offences are punishable, for which, imprisonment is below two years and hence, it is barred by limitation. Therefore, he prays to quash the FIR. 3.The learned Government Advocate (Crl.Side) submitted that so far final report has not been filed by the respondent Police. 4.I considered the matter in the light of discussions adduced by both parties. Perusal of records reveal the fact that in Crime No.51 of 2018, the date of occurrence is on 04.10.2018, admittedly charge sheet was not filed by the respondent Police. In view of Section 468 Cr.P.C, the final report has 2/4

to be filed within three years, since the alleged offences are punishable, for which, imprisonment is below two years, Hence, it is barred by limitation and it is liable to be quashed.

5.Accordingly, this Criminal Original Petition is allowed and the impugned FIR in Crime No.51 of 2018, on the file of the first respondent Police is hereby quashed. Consequently, connected miscellaneous petition is closed.

03.08.2022 Internet:Yes Index:Yes PNM To

1. The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.

(In Crime No.51/2018)..

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

3/4

V.SIVAGNANAM, J.

PNM ORDER IN and Crl.MP(MD)No.8959 of 2022 03.08.2022 4/4