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Madras High CourtCRL OP(MD)/19627/2023allowed

Dharani Murugesan v. The Inspector Of Police

2023-11-02Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19627 of 2023 Dharani Murugesan

...Petitioner

Vs.

1.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

2.Karmegam ...Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case in Crime No.646 of 2022 dated 01.11.2022 on the file of the first respondent and quash the same. For Petitioner :Mr.B.Mahendrarajan For Respondent :Mr.R.M.Anbunithi for R1 Additional Public Prosecutor 1/4

O RDER This petition is filed to quash the case in Crime No.646 of 2022 dated 01.11.2022 on the file of the first respondent 2.The contention of the petitioner is that based on the complaint lodged by the second respondent, the 1st respondent registered the First Information Report in Crime No.646 of 2022 for the offences punishable under Sections 143 and 283 of IPC against the petitioners. 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 investigation has been completed and final report is also made ready and it will be presented before the concerned Court within short time. 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 year, the final report has not 2/4

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. 5.This criminal original petition is allowed and the FIR in Crime No.646 of 2022 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed.

Speaking : Yes / No 02.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No VSG To 1.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

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

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G.ILANGOVAN. J.

VSG Crl.O.P.(MD)No.19627 of 2023 02.11.2023 4/4