Suresh @ Surendhar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12467 of 2025 and Crl.MP(MD) No.9678 of 2025 Suresh @ Surendhar ... Petitioner Vs 1.The State of Tamilnadu, Rep. by the Inspector of Police, Vattathikottai Police Station, Thanjavur District.

Crime No. 229/2023.

2.Elangovan

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to the FIR in Crime No. 229/2023, on the file of the 1st respondent and quash the same as against the petitioner. For Petitioner : Mr.Maheswaran R For R1 : Mr.P.Kottaichamy Government Advocate (Crl.side)

O R D E R

Seeking quashment of FIR in Crime No. 229/2023, on the file of the first respondent, on the ground of limitation, the 1/5

petitioner /accused has filed this Criminal Original Petition.

2. The learned counsel for the petitioner submits that the case in Crime No.229 of 2023 has been registered for the offence under sections 143, 186, 341 IPC, for the occurrence took place on 30.03.2023. The maximum punishment for these offence is only six months, however, the respondent police have not filed the final report so far and therefore the First Information report is liable to be quashed, on the ground of limitation.

3.Mr.P.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for first respondent submits that the investigation in Crime No.225 of 2023 has already been completed and final report has also been filed before the Judicial Magistrate Court, Pattukkottai on 27.03.2025, through e-filing No.CCL TN 2022 0002501 C202500094.

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

2/5

5.The petitioner has moved this application to quash the proceedings in Crime No.225 of 2023, on the ground of limitation. The investigating agency is entitled to file necessary application to condone the delay in filing the final report and it is upto the trial court to take a call on that application, if any filed. At this stage, this Court is not inclined to quash the proceedings on the ground of limitation. In the event, if the final report is taken on file without any application for condonation of delay and without any reasonings for the delay, it is open to the petitioner to challenge the final report in the manner known to law.

6.With the above observations, this Criminal Original Petition is closed. Consequently, connected Miscellaneous Petition is also closed.

24.07.2025 NCC : Yes/No Index : Yes/No vrn 3/5

To The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

4/5

B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.12467 of 2025 and Crl.MP(MD) No.9678 of 2025 24.07.2025 5/5