- Court
- High Court of Madras
- Decided
- 29 January 2026
- Bench
- A.D.Jagadish Chandira
- Case no.
- CRL OP 1723/2026
Judgment
O R D E R The present Criminal Original Petition has been filed seeking to quash the proceedings pending against the petitioners in C.C.No.305 of 2025, on the file of the learned District Munsif-cum-Judicial Magistrate, Cheyyur.
¶2Based on the complaint lodged by the second respondent, alleging that the petitioners/accused had assaulted him with a stick, a case in Crime No.120 of 2022 was registered on 01.07.2022 for the offence under Section 324 of IPC. After completion of investigation, the final report was filed before the learned District Munsif-cum-Judicial Magistrate, Cheyyur and the learned Magistrate took cognizance of the same and numbered it as C.C.No.305 of 2025, which is now sought to be quashed.
¶3The submissions of the learned counsel appearing for the petitioners are as follows:-
3.1. The alleged incident is said to have taken place on
25.06.2022. However, the case was registered only on 01.07.2022. The maximum punishment prescribed for the aforesaid offence is tabulated hereunder: Sections Punishment 324 IPC Imprisonment may extend to three years, or with fine or with both
3.2. Since the case was registered on 01.07.2022, the investigation ought to have been completed and the final report filed within three years from the date of registration of the FIR, as mandated under Section 468 Cr.P.C. Therefore, there is a clear bar for taking cognizance if it is filed beyond three years. However, in this case, the final report was filed only on 17.10.2025, which is beyond the period of limitation. Admittedly, no application has been filed seeking condonation of delay in this case.
3.3. Hence, the continuation of the proceedings against the petitioners is an abuse of process of law. Therefore, he prayed to quash the proceedings pending against the petitioners.
¶4Learned Government Advocate (Criminal Side) appearing for the first respondent police submitted that based on the complaint given by the second respondent on 25.06.2022, the first respondent conducted an enquiry in C.S.R.No.270 of 2022 and thereafter, registered the FIR on
01.07.2022. He further submitted that the final report was filed on
17.10.2025 and he fairly admitted that there is a delay.
¶5Heard both sides and perused the materials available on record.
¶6For the punishment set out in paragraph 3.1, supra, the final report ought to have been filed within three years from the date of registration of the FIR, as per Section 468(2)(c) of Cr.P.C. However, in the instant case, the final report has not been filed within the period of three years since the registration of the FIR and therefore, cognizance cannot be taken.
¶7In view of the above, this Court is of the opinion that no useful purpose would be served by keeping the proceedings pending and is liable to be quashed. Accordingly, the Criminal Original Petition stands allowed and the proceedings pending against the petitioners in C.C.No.305 of 2025, on the file of the learned District Munsif-cum-Judicial Magistrate, Cheyyur, is hereby quashed. Consequently, the connected miscellaneous petition is closed.
29.01.2026 ham To
¶1The District Munsif-cum-Judicial Magistrate, Cheyyur.
¶2The Inspector of Police, G6, Chithamur Police Station, Chengalpattu.
¶3The Public Prosecutor, High Court of Madras. Crl.O.P.No.1723oofo2026 oA.D.JAGADISHoCHANDIRAoo,oJo. ham and Crl.M.P.Nos.1110 & 1113 of 2026
29.01.2026
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.01.2026 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.1110 & 1113 of 2026 1. Megavannan 2. Narasimman ... Petitioners Vs. 1. The State of Tamil Nadu, Represented by, The Inspector of Police, G6, Chithamur Police Station, Chengalpattu. 2. Chandru ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the entire records and quash the charge sheet in C.C.No.305 of 2025 pending on the file of the District Munsif-cum-Judicial Magistrate, Cheyyur. For Petitioners : Mr.Ramajayam For R1 : Mr.S.Santhosh Government Advocate (Criminal Side)
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.