Madras High CourtCRL OP(MD)/21841/2023allowed

Seeman Sikkanthar @ Sikkandar Batcha v. The Sub 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.17080 of 2023

1. Seeman Sikkanthar @ Sikkandar Batcha

2. Shakul Hameedu @ Sahulhameed

3. Mujipur Rahman @ Mujibeer Rahman

4. Saipulla @ Safiullah

5. Sirajudeen

6. Abdul Sikkkanthar @ Abdul Sikkandar

7. Mohamed Yusuf

8. Yusuf

9. Heerajohn @ Heerajan 10.Thajudeen @ Tazudeen 11.Shakul Hameedu @ Shahul Hameed 12.Samsu Abdullah @ Sams Abdullah 13.Batsha @ Makdhon Batcha ... Petitioners Vs.

The State Rep.by The Sub Inspector of Police, South Gate Police Station, Madurai, Tamil Nadu - 625 001.

... Respondent 1/4

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in Crime No.132/2022 on the file of the Respondent Police and quash the same as against the petitioners.

For Petitioners : Mr.A.Rajamohamed For Respondent : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)

ORDER

This petition has been filed to quash the FIR in Crime No. 132 of 2022, on the file of the respondent police. 2.The grievance of the petitioners is that the respondent has registered the First Information Report in Crime No.132 of 2022 for the offences punishable under Sections 143, 341, 291 of IPC against the petitioners. Though the case was registered on 13.04.2022, 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. 2/4

4.Considering the nature of offence made out against the petitioners, 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 is inclined to allow this petition.

5.This Criminal Original Petition is allowed and the FIR in Crime No.132 of 2022 on the file of the 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 State Rep.by The Sub Inspector of Police, South Gate Police Station, Madurai, Tamil Nadu - 625 001.

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

3/4

G.ILANGOVAN ,J.

PNM ORDER IN and Crl.M.P(MD)No.17080 of 2023 05.12.2023 4/4