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Madras High CourtCRL OP(MD)/19204/2023allowed

Karuppiah v. The Inspector Of Police

2023-10-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19204 of 2023 and Crl.M.P.(MD).No.15173 of 2023 Karuppiah

...Petitioner / Accused No.1

Vs.

1.The State rep. by, The Inspector of Police, Illuppur Police Station, Pudukottai District.

(In Crime No.170 of 2017)

...Respondent / Complainant

2.D.Prakash

...Respondent / Defacto Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in FIR in Crime No.170 of 2017 dated 22.11.2017 pending on the file of the 1st respondent Police as against the petitioner and quash the same. For Petitioner :Mr.G.Thalaimutharasu For Respondent :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) 1/4

O RDER This criminal original petition has been filed to quash the FIR in Crime No. 170 of 2017 dated 22.11.2017 on the file of the 1st Respondent. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.170 of 2017 for the offences punishable under Section143 and 188 IPC against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2017, so far no final report has been filed before the concerned Court.

3.The learned Additional Public Prosecutor submitted that so far final report has not been filed before the concerned Court. 4.Considering the nature of offence made out against the petitioner, this Court is of the view that since even after a lapse of 5 years, the final report has not been filed before the Concerned Court, it is barred by limitation under Section 468 of Cr.P.C . Therefore, this Court is inclined to allow this petition. 2/4

5.This criminal original petition is allowed and the FIR in Crime No.170 of 2017 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed.

Speaking : Yes / No 30.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Inspector of Police, Illuppur Police Station, Pudukottai District.

(In Crime No.170 of 2017) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.19204 of 2023 30.10.2023 4/4