Madras High CourtCRL OP(MD)/328/2024allowed

Dinesh Kumar v. The Sub Inspector Of Police

2024-01-12Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.328 of 2024 and Crl.M.P.(MD) No.225 of 2024 Dinesh Kumar

...Petitioner

vs 1.The Sub Inspector of Police, Appan Thirupathi Police Station, Madurai District, Crime No.224 of 2018 2.Adakkan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records pertaining to the FIR in Crime No.224 of 2018 dated 13.10.2018 on the file of the 1st respondent police and quash the same as illegal.

For Petitioner : Mr.A.S.Krishnan For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/4

O R D E R

This Criminal Original Petition is filed to quash the FIR in Crime No. 224 of 2018 dated 13.10.2018 on the file of the first Respondent. 2.The learned Counsel for the Petitioner submits that the FIR had been registered in Crime No.224 of 2018 against the Petitioner for the offences under Sections 279 and 337 of IPC, which involves only fine. Therefore, not filing of the final report within the stipulated time attracts the provisions of Section 468 Cr.P.C. and therefore, he seeks to quash the FIR. 3.The learned Government Advocate (Crl.side), on instructions, would submit that the investigation had been completed and the final report is not laid so far.

4.By way of rejoinder, the learned Counsel for the Petitioner submits that the Petitioner had applied for certified copy of the final report, which was returned by the learned Magistrate stating that no charge sheet was filed.

2/4

5.Recording the submission of the learned Counsel for the Petitioner and the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed exercising Section 468 Cr.P.C. The FIR in Crime No.224 of 2018 dated 13.10.2018 on the file of the first Respondent is hereby quashed against the Petitioner herein. Consequently, connected Miscellaneous Petition is closed.

Internet:Yes./No 12.01.2024 Index:Yes/No mm To 1.The Sub Inspector of Police, Appan Thirupathi Police Station, Madurai District, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.328 of 2024 12.01.2024 4/4