Madras High CourtCRL OP(MD)/19915/2022allowed

Rajeswari v. The Inspector Of Police

2022-11-24Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.19915 of 2022 and Crl.M.P(MD) No.13705 of 2022

1. Rajeswari

2. Ranjithkumar

...Petitioners

-vs1. The Inspector of Police Thiruvidaimaruthur Police Station, Thanjavur District

2. Adhikesavan Sub Inspector of Police Thiruvidaimaruthur Police Station, Thanjavur District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the First Information Report in Crime No.180 of 2017 on the file of the first Respondent Police and quash the same so far as this Petitioners/A1 and A3 concerned. 1/4

For Petitioners : Mr.J.Vishnu For R-1 : Mr.R.Sivakumar Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition had been filed to quash the First Information Report in Crime No.180 of 2017 on the file of the first Respondent police

2. The learned Government Advocate(Crl.Side) would submit that the First Information Report was registered in Crime No.180 of 2017 for the alleged offence that took place in the year 2017. He would further submit that the charge sheet had not been filed before the Court concerned till date.

3. Admittedly, the case was registered in Cr.No.180 of 2017 for the offences under Section 160 of IPC on 22.07.2014. As per Section 468 of Cr.P.C., final report has to be filed within one month. The prosecution failed to file the final report. Under these circumstances, the Petitioners had filed this petition to quash the FIR. Therefore, for the failure of the Prosecution to complete the investigation within a period of one month, the offence 2/4

against the Petitioners is hit by Section 468 Cr.P.C. Therefore, the final report cannot be filed after the period of Limitation as per Section 468 of Cr.P.C. The First Information Report is liable to be quashed. 4.Accordingly, the F.I.R, in Crime No.180 of 2017, on the file of the first respondent, is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 24.11.2022 Internet:Yes./No Index:Yes/no aav To

1. The Inspector of Police Thiruvidaimaruthur Police Station, Thanjavur District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.19915 of 2022 24.11.2022 4/4