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Madras High CourtCRL OP(MD)/21641/2023allowed

Subramani @ Subramaniyan v. The Inspector Of Police

2023-12-01Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.16903 of 2023 Subramani @ Subramaniyan .. Petitioner Vs.

1.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

2.Pitchaipandian ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C,to call for the records in Cr.No.162/2017 on the file of the first respondent police and quash the same in so far as the petitioner is concerned For Petitioner : Mr.R.J.Karthick For R1 : Mr.M.Sakthi Kumar Government Advocate(Crl.side) 1/4

O R D E R This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to quash the FIR in Crime No.162 of 2017 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.162 of 2017 for the offences punishable under Sections 341,143 and 188 of IPC against the petitioner and others. The grievance of the petitioner is that though the case was registered in the year 2017, 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 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.

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5.This criminal original petition is allowed and the FIR in Crime No.162 of 2017 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 01.12.2023 Index : Yes/No Internet : Yes/No AAV To

1. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

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G.ILANGOVAN. J.

AAV 01.12.2023 4/4