Kevin Joseph v. The State Rep By, the Inspector of Police

O R D E R The present Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.347 of 2022, pending against the petitioner on the file of the first respondent police.

¶2Based on the complaint lodged by the second respondent, alleging that the petitioner/accused, in an inebriated condition, damaged the mirrors of the two-wheelers parked on his street and also attempted to assault the public, the aforesaid case in Crime No.347 of 2022 was registered on 08.04.2022 for the offences under Section 427 of IPC and Section 75 of the TN City Police Act, 1888, 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

07.04.2022 and the case was registered on 08.04.2022. The maximum punishment prescribed for the aforesaid offence is tabulated hereunder: Sections Punishment 427 IPC Imprisonment may extend to two years or with fine or with both 75 of TN City Police Act Imprisonment may extend to six months or with fine or with both

3.2. In respect of the aforesaid offences, 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.

3.3. Since the final report has not been filed within one year, the learned Magistrate is barred from taking cognizance. Hence, the continuation of the criminal proceedings against the petitioner is an abuse of process of law and the same is liable to be quashed.

¶4Learned Government Advocate (Criminal Side) appearing for the first respondent Police, on instructions from Mr.R.Palaniyappan, HC 33198, P-6, Kodungaiyur Police Station, Chennai, submitted that the investigation in this case has been completed and the charge sheet is yet to be filed before the jurisdictional Magistrate. 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 till date 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 criminal proceedings pending against the petitioner and the same is liable to be quashed. Accordingly, the Criminal Original Petition stands allowed and the First Information Report in Crime No.347 of 2022 pending on the file of the first respondent police is hereby quashed.

09.02.2026 ham To

¶1The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai.

¶2The Public Prosecutor, High Court of Madras. A.D.JAGADISH CHANDIRA

, J.

ham

09.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.02.2026 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Kevin Joseph ... Petitioner Vs. 1. The State represented by, The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai. (Crime No.347 of 2022) 2. Samraj ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records in Crime No.347 of 2022, on the file of the first respondent police and quash the same. For Petitioner : Mr.G.Ashok Kumar For R1 : Mr.S.Santhosh Government Advocate (Criminal Side) Assisted by Mr.M.S.Rajkumar