Sureshkumar v. State Of Tamilnadu Rep By Inspector Of Police, Velayuthampalayam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) Nos.15095 & 15097 of 2025 1.Sureshkumar 2.Jeyakumar 3.Raja 4.Rajkumar 5.Logesh 6.Sanjai 7.Dhanapal 8.Kavin 9.Prasanth 10.Moorthy 11.Rajendran ... Petitioners Vs.

1.The State of Tamil Nadu rep. by The Sub-Inspector of Police, Page No. 1 of 6

Velayuthampalayam Police Station, Karur District.

2.Mr.R.Saravanan, Sub-Inspector of Police, Velayuthampalayam Police Station, Karur District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records relating to the final report in S.T.C.No.1656 of 2025, on the file of the learned Judicial Magistrate No.II, Karur and quash the same as illegal. For Petitioners : Mr.V.R.Shanmuganathan For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the final report in S.T.C.No.1656 of 2025, on the file of the learned Judicial Magistrate No.II, Karur, filed against the petitioners and others, for the offences punishable under Sections 188, 268, 290 and 294(b) of the Indian Penal Code, 1860.

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2. The gist of the allegations in the final report is that the petitioners, without obtaining any permission, had conducted an 'Adal Paadal' programme and caused nuisance to the general public during night hours, and thus committed the aforesaid offences.

3. The learned counsel for the petitioners would submit that the alleged occurrence took place on 23.03.2023; that the maximum sentence that can be imposed for the aforesaid offences is six months; that the first respondent ought to have filed the final report within a period of one year, but, the first respondent has filed the final report only on 27.05.2025 beyond the period of limitation; that the first respondent has not filed application for condonation of delay; that there is no justification for the delayed filing of the final report; and that hence, the impugned final report is barred by limitation and is liable to be quashed.

4. The learned Government Advocate (Criminal Side) appearing for the first respondent police would submit that the final report was filed only on 27.05.2025, and that no petition has been filed to condone the delay in filing the final report.

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5. Admittedly, the maximum punishment for the alleged offences is imprisonment for six months. Therefore, the first respondent ought to have filed the final report within a period of one year from the date of occurrence. However, in this case, the first respondent has filed the final report only on 27.05.2025. No petition has been filed by the first respondent police seeking condonation of delay. Therefore, there is no justification for the delayed filing of the final report, and the impugned prosecution is barred by limitation. Accordingly, the impugned final report is quashed.

6. Hence, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petitions are closed. 04.11.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:

1.The Judicial Magistrate No.II, Page No. 4 of 6

Karur.

2.The Sub-Inspector of Police, Velayuthampalayam Police Station, Karur District.

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

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SUNDER MOHAN , J.

JEN 04.11.2025 Page No. 6 of 6