Madras High CourtCRL OP(MD)/20735/2023disposed of

P.Viduthalaineyan @ Premkumar v. The Inspector Of Police

2023-11-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20735 of 2023 and Crl.M.P.(MD) No.16262 of 2023 P.Viduthalaineyan @ Premkumar ... Petitioner/Accused No.1 and also arrayed as Accused No.15 Vs.

The State Rep by The Inspector of Police Medical College Police Station, Tirunelveli City.

(In Crime No.63 of 2022) ... Respondent No.1/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the impugned FIR in Crime No.63 of 2022 on the file of the respondent No.1 police station and quash the same as against the petitioner concerned. For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side) 1/4

O R D E R This Criminal Original Petition is filed to call for the entire records pertaining to the impugned FIR in Crime No.63 of 2022 on the file of the respondent No.1 police station and quash the same as against the petitioner concerned.

2. The contention of the petitioner is that based on the complaint lodged by one Annaraja, the respondent registered the First Information Report in Crime No.63 of 2022 for the offences punishable under Sections 143, 341, 283, 290 IPC against the petitioner and others. The grievance of the petitioner is that though the case was registered in the year 2022, so far no final report has been filed before the concerned Court.

3. The learned Additional Public Prosecutor (Crl.side) 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 1 1⁄2 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 2/4

inclined to allow this petition.

5. This Criminal Original Petition is allowed and the FIR in Crime No.63 of 2022 on the file of the respondent Police is hereby quashed. Consequently, connected miscellaneous petition is closed. 20.11.2023 Index : Yes/No Internet : Yes/No Indu To 1.The Inspector of Police Medical College Police Station, Tirunelveli City.

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

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.20735 of 2023 20.11.2023 4/4