Pandian @ Misa Pandian v. The Inspector of Police

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.04 of 2013 on the file of the first respondent.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.04 of 2013 for the offences punishable under Sections 427 & 506(i) of IPC and Section 3 (1) of TNPPDL Act against the petitioners. The grievance of the petitioners is that though the case was registered in the year 2013, so far no final report has been filed.

3.The learned Additional Public Prosecutor submitted that during the course of investigation the offence under Section 3(1) of TN PPDL Act has been deleted in respect of the petitioners. However, in respect of other offences so far final report has not been filed before the concerned Court.

4.Considering the nature of offence made out against the petitioner, this Court is of the view that since even after a lapse of 10 years, the final report has not been filed before the Concerned Court, it is barred by limitation under Section 468 of Cr.P.C . Therefore, this Court is inclined to allow this petition.

5.This criminal original petition is allowed and the FIR in Crime No.4 of 2013 on the file of the respondent police is hereby quashed in respect of these petitioners. Consequently, connected miscellaneous petition is closed.

25.04.2023 Index : Yes/No Internet : Yes/No TM To

1.The Inspector of Police, Jaihindapuram Police Station, Madurai City.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN. J. TM

25.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2023 CORAM: THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.6655 of 2023 1.Pandian @ Misa Pandian 2.Annanji @ Nagendran 3.Muthu 4.K.Manickam ... Petitioners/Accused 1 to 3 & 5 Vs. 1.The State rep. by The Inspector of Police, Jaihindapuram Police Station, Madurai City. (Crime No.04 of 2013) ... Respondent/Complainant 2.V.Rajendran ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to Crime No.04 of 2013 on the file of the 1st respondent and quash the same against these petitioners. For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor