H.Janani Krishnamurthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.16014 of 2023 H.Janani Krishnamurthy ... Petitioner Vs.

The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

Crime No.1464/2020

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire case records pertaining to the case in Crime No 1464/2020 on the file of the 1st respondent and quash the same as for as the petitioner / Accused No.51 is concerned and pass such further or other orders.

For Petitioner : Mr.G.Nithiyadevi For Respondent :Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side) 1/4

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.1464 of 2020 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.1464 of 2020 for the offences punishable under Sections 143, 341 and 269 of 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 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 3 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 2/4

is inclined to allow this petition.

5.This criminal original petition is allowed and the FIR in Crime No.1464 of 2020 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 16.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

Crime No.1464/2020

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

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G.ILANGOVAN ,J.

TM 16.11.2023 4/4