Madras High CourtCRL OP(MD)/21980/2023allowed

Muniyasami v. The Inspector Of Police

2023-12-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023

CORAM:

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD).No.21980 of 2023 Muniyasami ... Petitioner Vs.

1.The State Rep.by The Inspector of Police, Ramanathapuram(B1) Town Police Station, Ramanathapuram District.

(Crime No.25/2020).

2.Vasith ... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code,To call for the records pertaining to the case in Cr. No. 25 of 2020 dt. 25.02.2020 on the file of the 1st respondent i.e the Inspector of police Ramanathapuram (B1) town Police station, Ramanathapuram District and quash the same.

For Petitioner : Mr.B.Mahendrarajan For R-1 : Mr.R.M.Anbunithi Addl.Public Prosecutor(Crl.side)

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.25 of 2020 dated 25.02.2020 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.25 of 2020 for the offences punishable under Sections 279 and 337 of IPC against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2020, 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 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 inclined to allow this petition.

5.This Criminal Original Petition is allowed and the FIR in Crime No. 25 of 2020 on the file of the respondent police is hereby quashed. 06.12.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order aav

To;

1.The Inspector of Police, Ramanathapuram(B1) Town Police Station, Ramanathapuram District.

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

G.ILANGOVAN, J.

aav Crl.O.P(MD) No. 21980 of 2023 06.12.2023