Abdulla v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P.(MD).No.19719 of 2025 1.Abdulla 2.Mohamed Ilham ... Petitioners Vs.

1.State of Tamilnadu rep. by, its, The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.

(Crime No.64 of 2023) 2.Chelladurai ... Respondents 1/6

PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the records of the impugned Charge Sheet in S.T.C.No.6200 of 2025 on the file of the learned Judicial Magistrate No.IV, Tirunelveli, and quash the same as illegal as against the petitioners.

For Petitioner : Mr.A.Abdul Kabur For Respondent : Mr.M.Sakthi Kumar (for R1) Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed to quash the impugned final report in S.T.C.No.6200 of 2025 on the file of the learned Judicial Magistrate No.IV, Tirunelveli, which was filed for the offences under Section 279 of IPC, Section 184 and 189 of Motor Vehicles Act, 1988. 2.The gist of the allegations in the final report is that the respondents had found a video published in an Instagram account, in which, it is seen that the petitioners along with other accused were riding motorcycles in a rash and negligent manner; that they had recorded the same and posted in Instagram account and thus committed the aforesaid offences. 2/6

3.The learned counsel for the petitioners submitted that the date of the alleged occurrence is not known; that the first respondent had registered FIR on 12.03.2023 at about 9.00 AM after seeing the Instagram post; that the impugned final report was filed only on 30.07.2025; that therefore, the impugned final report is barred by limitation; and that no petition was filed to condone the delay in filing the final report. He further submitted that this Court has already quashed the proceedings in respect of A2 and A5, in Crl.O.P. (MD).No.18973 of 2025, dated 18.11.2025.

4.The learned Government Advocate (Crl. side), on instructions, confirmed that the date of filing of the final report is 30.07.2025; that no petition was filed to condone the delay in filing the final report; and that the first respondent has no justifiable reason for the delay in filing of the final report.

5.The petitioners are accused of the offences under Section 279 IPC, which is punishable with maximum sentence of six months imprisonment, Section 184 of Motor Vehicles Act, which is punishable with maximum sentence of six months imprisonment, and Section 189 of Motor Vehicles Act, 3/6

which is punishable with maximum sentence of one month imprisonment. Thus, the first respondent ought to have filed the final report within a period of one year in terms of Section 468(2)(b) of Cr.P.C. The first respondent had filed the final report two years after the registration of First Information Report. The first respondent has no justifiable reason for the delay and had also not filed any petition to condone the delay in filing the final report. Hence, this Court is inclined to quash the impugned final report as barred by limitation. Accordingly, the impugned final report in S.T.C.No.6200 of 2025 on the file of the learned Judicial Magistrate No.IV, Tirunelveli is quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

17.12.2025 NCC : Yes / No Index : Yes / No vsg 4/6

TO:- 1.The Judicial Magistrate No.IV, Tirunelveli.

2. The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.

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

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L.VICTORIA GOWRI, J.

vsg Order made in Dated 17.12.2025 6/6