Rathesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl. O.P(MD) No.13599 of 2024 Rathesh ... Petitioner/Accused Vs

1. The State of Tamil Nadu, Rep by the Inspector of Police, Anjugramam Police Station, Kanyakumari District.

(Crime No.371 of 2011) ... 1st Respondent/Complainant

2. Suresh ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records relating to FIR in Crime No.371 of 2011 dated 06.05.2011 on the file of the 1st respondent and quash the same as against the petitioner. For petitioner :Mr.S.Saravana Kumar For R1 : Mr.S.Ravi Additional Public Prosecutor For R2 : No Appearance Page No. 1 of 4

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.371 of 2011, dated 06.05.2011, on the file of the first respondent police.

2. The learned counsel for the petitioner submitted that for the purpose of having participated in a protest against the corruption of the village, which had happened in Kumarapuram, Thoppur, the first respondent had registered a case in Crime No.371 of 2011 for the offences punishable under sections 147, 341, 353, 188 of IPC and Section 4 of TNPPDL Act. However, even after a lapse of more than a decade, so far it has not culminated in the filing of the final report after completion of the investigation, and hence, he sought indulgence of this Court in quashing the same since the limitation prescribed under Section 468 of Cr.P.C., has elapsed.

3. Heard the learned Additional Public Prosecutor appearing for the respondent police.

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4. This Court carefully considered the submissions made on either side and also perused the materials available on records.

5. This Court finds merit in the argument of the learned counsel for the petitioner and hence, the instant FIR against the petitioner is liable to be quashed.

6. Accordingly, the impugned FIR in Crime No.371 of 2011, on the file of the first respondent police, is hereby set aside and the Criminal Original Petition is allowed.

05.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No dss To

1. The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

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

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L.VICTORIA GOWRI,J dss Crl. O.P(MD) No. 13599 of 2024 05.12.2025 Page No. 4 of 4