Madras High CourtCRL OP(MD)/21716/2022allowed

Balaji v. The Inspector Of Police

2023-06-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Balaji

...Petitioner

Vs.

1. The State rep. by The Inspector of Police, Keelavalavu Town Police Station, Madurai District.

(Crime No.90 of 2016) 2.Pandi .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to call for records pertaining to FIR in Crime No.90 of 2016 on the file of the 1st respondent police and quash the same. For Petitioner : Mr. A.V. Arun For 1st Respondent : Mr.S. Manikandan Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking to quash the impugned 1/4

FIR in Crime No.90 of 2016 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.90 of 2016 for the offences punishable under Sections 448, 294(b) and 506(i) IPC against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2016, 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.Considering the nature of offence made out against the petitioner, this Court is of the view that since even after a lapse of seven 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.

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5.This criminal original petition is allowed and the FIR in Crime No. 90 of 2016 on the file of the 1st respondent police is hereby quashed. 09.06.2023 Index :

Yes / No Internet :

Yes / No trp To

1. The Inspector of Police, Keelavalavu Town Police Station, Madurai District.

(Crime No.90 of 2016) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J trp Order made in Dated :09.06.2023 4/4