Madras High CourtCRL OP(MD)/22522/2023allowed

E.Selvam v. The Inspector Of Police

2023-12-15Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.22522 of 2023 and Crl.M.P.(MD).No.17617 of 2023 1.E.Selvam 2.A.Jakap 3.Nagapandi 4.Muthu @ Muthupandi 5.Karuppu 6.Raja 7.Kumar 8.Suresh 9.Cinnraj ... Petitioners/Accused Nos.1 to 9 Vs.

1.The Inspector of Police, Sholavandan Police Station, Madurai District.

(Crime No.188 of 2016) ...1st Respondent / Complainant 2.Palpandi ...2nd Respondent / Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.188 of 2016 on the file of the first respondent Police and quash the same so far as these petitioners are concerned. 1/4

For petitioners : Mr.P.Pratheesh For R-1 : Mr.R.M.Anbunithi, Additional Public Prosecutor O RDER This petition has been filed seeking to quash the FIR in Crime No. 188 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 2nd respondent, the 1st respondent registered the First Information Report in Crime No.188 of 2016 for the offences punishable under Sections 147, 323, 324, 506(i) of IPC, against the petitioner. 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 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 7 years, the final report has not been filed before the Concerned Court, it is 2/4

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.188 of 2016 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed. 15.12.2023 Index : Yes/No Internet : Yes/No TM To 1.The Inspector of Police, Sholavandan Police Station, Madurai District.

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

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G.ILANGOVAN. J.

TM 15.12.2023 4/4