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Madras High CourtCRL OP(MD)/21732/2023allowed

Abdul Pasith v. The Inspector Of Police

2023-12-05Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.17078 of 2023 Abdul Pasith ... Petitioner Vs.

1.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.

(Crime No.253 of 2019) 2.Mr.K.Gunasekaran ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to call for the records pertaining to FIR in Cr.No.253/2019 dt 15.11.2019 on the file of the Respondent police and quash the same as illegal as far as against the petitioner concerned.

For Petitioner : Mr.G.Mathavan For R1 & R2 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side) 1/4

ORDER

This petition has been filed to quash the FIR in Crime No. 253 of 2019, on the file of first respondent police. 2.The grievance 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.253 of 2019 for the offences punishable under Sections 143, 341, 283 of IPC against the petitioner. Though the case was registered on 15.11.2019, 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 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 2/4

inclined to allow this petition.

5.This Criminal Original Petition is allowed and the FIR in Crime No.253 of 2019 on the file of the first respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 05.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PNM To 1.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.

(Crime No.253 of 2019)

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

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G.ILANGOVAN ,J.

PNM ORDER IN and Crl.M.P.(MD).No.17078 of 2023 05.12.2023 4/4