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Madras High CourtCRL OP(MD)/20558/2023allowed

Lakshmi Ganesan @ Dhanalakshmi v. The Inspector Of Police

2023-11-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.16077 of 2023 Lakshmi Ganesan @ Dhanalakshmi ... Petitioner Vs.

1.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

2.S.K.Kumaresh

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the FIR in Crime No.161 of 2021 dated 04.04.2021 on the file of the first respondent Police and to quash the same against the petitioner. For Petitioner : Mr.A.Manikandan For 1stRespondent : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to quash the FIR in Crime No.161 of 2021 dated 04.04.2021 on the file of the first respondent Police against the petitioner.

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.161 of 2021 for the offences punishable under Section 171(E) of IPC against the petitioner and others. The grievance of the petitioner is that though the case was registered in the year 2021, 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. 2/4

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 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.

5.This criminal original petition is allowed and the FIR in Crime No.161 of 2021 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 17.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG To 1.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

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

3/4

G.ILANGOVAN ,J.

VSG 17.11.2023 4/4