Madras High CourtCRL OP(MD)/19193/2023allowed

Ramkumar 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.19193 of 2023 and Crl.M.P.(MD).No.15142 of 2023 Ramkumar

...Petitioner / Accused No.1

Vs.

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

(In Crime No.1470 of 2020) ...1st Respondent / Complainant 2.The Sub Inspector of Police, Pappanadu Police Station, Thanjavur District.

...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records relating to the FIR in Crime No.1470 of 2020 dated 10.10.2020 on the file of the 2nd Respondent Quash the same as against the petitioner / Sole Accused is concerned.

For Petitioner :Mr.T.Eashwar 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. 1470 of 2020 dated 10.10.2020 on the file of the 2nd 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.1470 of 2020 for the offences punishable under Sections 294(b) IPC against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2020, 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 2 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 inclined to allow this petition. 2/4

5.This criminal original petition is allowed and the FIR in Crime No.1470 of 2020 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, Pappanadu Police Station, Thanjavur District.

(In Crime No.1470 of 2020) 2.The Sub Inspector of Police, Pappanadu Police Station, Thanjavur District.

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

3/4

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.19193 of 2023 30.10.2023 4/4