Madras High CourtCRL OP(MD)/974/2018disposed of

Manikandan, v. The Inspector Of Police,

2019-09-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.974 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.974 of 2018 and Crl.M.P.(MD)No.417 of 2018

1. Manikandan

2. Pon Esakki

3. Sundharalinga Pothi

4. Muthu Esakki ... Petitioners -VsThe Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

(Crime No.213 of 2017) ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records in relating to the impugned FIR in Crime No.213 of 2017 on the file of the respondent and to quash the same as arbitrary. For Petitioners : Mr.S.Angappan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This petition has been filed to quash the FIR in Crime No.213 of 2017 on the file of the respondent.

2.Heard both sides.

3.The learned Government Advocate (criminal side) would submit that the FIR in Crime No.213 of 2017 has been registered against the petitioners under Section 107 of Cr.P.C. The FIR was filed in the month of August, 2017. The period for the proceedings under Section 107 of Cr.P.C. is only for one year. Now, almost two years have been lapsed and hence, the prayer sought for by the petitioner become infructuous. 4.Recording the same, this Criminal Original Petition is dismissed as infructuous. However, the FIR in Crime No.213 of 2017 is pending on the file of the respondent, the period of proceedings itself lapsed, therefore, the respondent is directed to close the F.I.R. in Crime No.213 of 2017.

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Crl.O.P.(MD)No.974 of 2018 5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.974 of 2018 04.09.2019 KM/(30.09.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2