Madras High CourtCRL OP(MD)/19033/2023allowed

Sivaprakasam v. The Inspector Of Police

2023-10-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.19033 of 2023 and Crl.M.P(MD) No.15023 of 2023 Sivaprakasam ... Petitioner / Accused Vs.

1. The Inspector of Police, Sengipatti Police Station, Thanjavur District.

(Crime No.171 of 2018).

... 1st Respondent/Complainant

2. Rajangam ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records connected with Crime No.171 of 2018 on the file of the Respondent No.1 and quash the same as illegal. For Petitioners : Mr.Ezhilarasu C For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor.

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O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.171 of 2028 on the file of the 1st respondent police. 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.171 of 2018 for the offences punishable under Sections 279 and 337 of IPC against the petitioner.

3. The learned Additional Public Prosecutor would submit that the Final Report is made ready on 07.02.2019, but it has not been presented before the concerned Judicial Magistrate Court.

4. In view of the submissions made by the learned Additional Public Prosecutor, the matter has become barred by limitation. 5.Considering that the matter has become barred by limitation, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.171 of 2018 pending on the file of the 1st respondent Police is quashed in respect of the petitioner.

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6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.171 of 2018, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner. Consequently, the connected Miscellaneous Petition is closed. 20.10.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Inspector of Police, Sengipatti Police Station, Thanjavur District.

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

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G.ILANGOVAN. J.

Indu 20.10.2023 4/4