Pandi Selvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN PandiSelvam ... Petitioner Vs.

1.The State Rep by The Inspector of Police, Vadipatti East Police Station, Madurai District.

(Crime No.221 of 2016) 2.Sankar

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records pertaining to the FIR in Cr.No.221 of 2016 pending on the file of the Inspector of Police, Vadipatti East Police Station, Madurai District and quash the same. For Petitioner : Mr.M.Pandian 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.221 of 2016 on the file of the first respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the second respondent, the first respondent registered the First Information Report in Crime No.221 of 2016 for the offences punishable under Sections 188 and 158 of IPC and Section 4(1)(a) of Tamil Nadu Prohibition Act, against the petitioner and others. The grievance of the petitioner is that though the case was registered in the year 2016, so far no final report has been filed before the concerned Court. 3.The learned Additional Public Prosecutor submitted that so far final report has not been filed before the concerned Court. 4.Considering the nature of offence against the petitioner, this Court is of the view that since even after a lapse of 7 years, the final report has not been filed before the Concerned Court, it is barred by 2/4

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.221 of 2016 on the file of the first respondent police is hereby quashed.

29.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG To 1.The Inspector of Police, Vadipatti East Police Station, Madurai District.

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

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G.ILANGOVAN ,J.

VSG 29.11.2023 4/4