Madras High CourtCRL OP(MD)/19183/2023allowed

Vadivel v. The Inspector Of Police

2023-12-01Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.19183 of 2023 Vadivel ... Petitioner/Accused Vs.

1.The State Rep. by The Inspector of Police, Manamadurai Police Station, Crime No.187/2018 Ramanathapuram District.

...1st Respondent/Complainant 2.Thirumoorthy ...2nd Respondent/Defacto Complainant 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.187 of 2018 dated 12.07.2018 on the file of the 1st respondent, i.e. the Inspector of Police, Manamadurai Police Station, Ramanathapuram District and quash the all further proceedings.

For Petitioner : Mr.B.Mahendrarajan For R1 :Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) 1/4

O R D E R This petition has been filed seeking to quash the impugned FIR in Crime No.187 of 2018 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.187 of 2018 for the offences punishable under Sections 304A IPC against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2018, 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. Report is received from the concerned trial Court stating that so far no Final Report is filed in this matter.

5. Considering the nature of offence made out against the petitioner, this Court is of the view that since even after a lapse of 5 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.187 of 2018 on the file of the respondent police is hereby quashed. 01.12.2023 Index : Yes/No Internet : Yes/No Indu To 1.The Inspector of Police, Manamadurai Police Station, Ramanathapuram District.

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

3/4

G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.19183 of 2023 01.12.2023 4/4