Madras High CourtCRL OP(MD)/17918/2019allowed

Sivasankar v. The Inspector Of Police

2019-11-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.17918 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17918 of 2019 Sivasankar ... Petitioner/A3 Vs 1.The State represented by its The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District Crime No.600 of 2017 2.Chanthi Selvi The Sub Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the entire records in relating to the impugned FIR in crime No.600 of 2017 on the file of the 1st respondent police and to quash the same insofar as the petitioner is concerned.

For Petitioner : Mr.N.Ramash Arumugam For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side)

O R D E R

This petition has been filed to call for the entire records in relating to the impugned FIR in crime No.600 of 2017 on the file of the 1st respondent police and to quash the same insofar as the petitioner is concerned.

2.Heard both sides.

3.Though the FIR has been filed on 15.07.2017 for the offence under Section 75(1)(c) Tamil Nadu City Police Act, 1888. Even till today, no investigation has been done and no final report has been filed. Therefore, it is directly hit under Section 468 Cr.P.C., since the maximum punishment is fine. Therefore, the 2nd respondent ought to have filed final report within a period of six months from the date of registration of FIR. Whereas, in the case on hand, after registration of FIR viz., on 15.07.2017, the 1st respondent did https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.17918 of 2019 not complete the investigation and they have not filed any final report. Therefore, the pendency of the FIR would not serve any purpose.

4.Accordingly, this criminal original petition is allowed and the proceedings in crime No.600 of 2017 on the file of the 1st respondent police is quashed as the same is abuse of process of law. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Arul To 1.The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District 2.The Sub Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.

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

+1 CC to Mr.N. RAMESH ARUMUGAM, Advocate ( SR-102764[F] dated 29/11/2019 ) Order made in CRL.O.P (MD) No.17918 of 2019 29.11.2019 MK (12.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2