Madras High CourtCRL OP(MD)/14482/2022allowed

Thiruppathi v. The Inspector Of Police

2022-08-12Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and Crl.M.P(MD) No. 9343 of 2022

1. Thiruppathi,

2. Murugan,

3. Shanthi,

4. Karanthmalai,

5. Elangovan, : Petitioners Vs

1. The Inspector of Police, Alanganallur Police Station, Madurai District.

Crime No.73 of 2016

2. Puliyammal, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the FIR in Crime No.73 of 1/4

2016, on the file of the first respondent and quash the same so far as this Petitioners/A1,3,4,5 and 6 are concerned.

For Petitioners : Mr.Vishnu J, For R1 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking to quash the the FIR in Crime No.73 of 2016, on the file of the first respondent, so far as the petitioners are concerned.

2.The learned Counsel appearing for the petitioners submitted that the case in Crime No.73/2016 was registered for the offences under Sections 147, 294(b), 341, 323 and 506(1) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. All the offences are punishable below two years of imprisonment. But, as on date, final report has not been filed. Therefore, it is barred by limitation. Hence, he pleaded to quash the FIR in Crime No. 73/2016.

3.The learned Government Advocate (Crl.Side) admitted that till now, no final report has been filed before the concerned Magistrate Court. 2/4

4.I have considered the submissions made by the learned Counsel appearing for the parties.

5.In view of Section 468 Cr.P.C., it is clear that final report has to be filed within a period of three years, for the offences punishable below two years of imprisonment.

6.Therefore, it is statutorily barred by limitation. Hence, the FIR in Crime No.73/2016 is hereby quashed. Accordingly, this criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. 12.08.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr 3/4

V.SIVAGNANAM, J.

lr To

1. The Inspector of Police, Alanganallur Police Station, Madurai District.

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

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