Rajkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.17781 of 2023 Rajkumar ... Petitioner/Sole Accused Vs.

1.The Inspector of Police, Traffic Investigation Wing Police Station, Madurai District.

Crime No.144/2020.

...1st Respondent/Complainant 2.Abirami ...2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and to quash the FIR in Crime No.144 of 2020 on the file of the Inspector of Police, Traffic Investigation Wing III Police Station, Madurai District against this petitioner/accused. For Petitioner : Mr.S.Pandiyaraj For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side) 1/4

O R D E R This petition has been filed seeking to quash the impugned FIR in Crime No.144 of 2020 on the file of the 1st respondent police. 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.144 of 2020 for the offences punishable under Sections 279, 337 of IPC and 17 of Motor Vehicles Act @ Sections 279, 337, 304(A) of IPC and 187 of Motor Vehicles Act 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 (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 inclined to allow this petition.

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5.This criminal original petition is allowed and the FIR in Crime No.144 of 2020 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 18.12.2023 Index : Yes/No Internet : Yes/No Indu To 1.The Inspector of Police, Traffic Investigation Wing Police Station, Madurai District.

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

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.22748 of 2023 18.12.2023 4/4