Madras High CourtCRL OP(MD)/20341/2023allowed

Saravanakumar v. The Inspector Of Police

2023-11-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.15871 of 2023 1.Saravanakumar 2.Parthasarathi ... Petitioners Vs.

1.The State rep.by the Inspector of Police, Sivagiri Police Station, Tenkasi District.

(In Crime No:56 of 2022) 2.Lasar Edwin Rajasingh

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records pertaining to the Impugned FIR in Crime No.56/2022 on the file of the R1 Police Station and quash as against the petitioners is concerned. For Petitioners : Mr.Henri Tiphange For R1 : 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.26 of 2022 on the file of the 1st respondent police. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.26 of 2022 for the offences punishable under Sections 4A(1a) of Tamil Nadu Open Places (Prevention of Disfigurement Act, 1959) against the petitioners. The grievance of the petitioners is that though the case was registered in the year 2022, 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 1 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.26 of 2022 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 10.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Inspector of Police, Sivagiri Police Station, Tenkasi District.

(In Crime No:56 of 2022) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 10.11.2023 4/4