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Madras High CourtCRL OP(MD)/20729/2023allowed

Jalaludeen v. The Inspector Of Police

2023-11-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.16255 of 2023 Jalaludeen ... Petitioner Vs.

The State rep by The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai, Tamil Nadu -622 001.

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in Crime No. 1034 of 2020 on the file of the Respondent police and quash the same as against the petitioner.

For Petitioner : Mr.A.Rajamohamed For Respondent : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.1034 of 2020 on the file of the 1st respondent police. 1/4

2.The contention of the petitioner is that the 1st respondent registered the First Information Report suo motu in Crime No.1034 of 2020 for the offences punishable under Sections 143, 283, 269 and 270 of IPC r/w 51(b) of Disaster Management Act, 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 is inclined to allow this petition.

5.This criminal original petition is allowed and the FIR in Crime No.1034 of 2020 on the file of the respondent police is hereby quashed. 2/4

Consequently, connected miscellaneous petition is closed. 21.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The State rep by The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai, Tamil Nadu -622 001.

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

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G.ILANGOVAN ,J.

TM 21.11.2023 4/4