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Madras High CourtCRL OP(MD)/18147/2023allowed

Saravanan v. The Inspector Of Police

2023-10-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18147 of 2023 and Crl.M.P.(MD)No.14333 of 2023 Saravanan ... Petitioner Vs.

1.The Inspector of Police, Gudalore South Police Station, Theni District.

2.Subbulakshmi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.211 of 2011 on the file of the first respondent and quash the same. For Petitioner : Mr.R.Ilayaraja For R1 : Mr.M.Sakthi Kumar Government Advocate(Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records in Crime No. 211 of 2011 on the file of the first respondent and quash the same. 1/4

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.211 of 2011 for the offences punishable under Sections 147, 148, 341, 353, 336, 188 of IPC and 3(1) of TNPPDL Act, against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2011, so far no final report has been filed before the concerned Court.

3.The learned Government Advocate (Crl. Side) submitted that so far final report has not been filed before the concerned Court. 4.Considering the nature of offence alleged against the petitioner, this Court is of the view that since even after a lapse of 12 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.

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5.This criminal original petition is allowed and the FIR in Crime No.211 of 2011 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 11.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No vsg To 1.The Superintendent of Police, Gudalore South Police Station, Theni District.

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

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G.ILANGOVAN,J vsg Order made in Crl.O.P.(MD)No.18147 of 2023 Dated: 11.10.2023 4/4