Siva Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.16294 of 2023 Siva Sankar ... Petitioner Vs.

1. The State rep.by The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District.

Crime No.95 of 2021.

2.Rejenthiran

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to Crime No. 95/2021, on the file of the 1st Respondent and quash the same. For Petitioner : Mr.C.Senthil Murugan 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.95 of 2021 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.95 of 2021 for the offences punishable under Sections 4AA(1a) & 4AA(4) of Tamil Nadu Open Places (Prevention of disfigurement) Act, 1959, against the petitioner. 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 Government Advocate (Crl. Side) submitted that so far final report was made ready, yet to be 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 2 1⁄2 2/4

years, the final report has not been filed before the Concerned Court, it is barred by limitation under Section 468 of Cr.P.C, even though final report is made ready. Therefore, this Court is inclined to allow this petition.

5.This criminal original petition is allowed and the FIR in Crime No.95 of 2021 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 20.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District.

Crime No.95 of 2021.

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

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G.ILANGOVAN ,J.

TM 20.11.2023 4/4