Ayyanar v. State of Tamilnadu Rep by Inspector of Police, Rajapalayam South

ORDER The present Criminal Original Petition has been filed by the accused persons in Crime No.447 of 2023, on the file of the first respondent police seeking to quash the FIR, wherein they are alleged to have committed offences under Sections 143, 341 & 290 of IPC.

¶2According to the learned counsel appearing for the petitioners, the FIR was registered on 05.11.2023 and the charge sheet has not been laid so far and hence the trial Court cannot take cognizance of the same in view of the bar under Section 468 of Cr.P.C.

¶3The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that charge sheet has been laid on 17.09.2025 before the learned Judicial Magistrate, Rajapalayam.

¶4Heard the learned counsel appearing for the petitioners and perused the materials available on record.

¶5The maximum punishment for an offence under Section 143 of IPC is six months, the maximum punishment for an offence under Section 341 of IPC is six months and the maximum punishment for an offence under Section 290 of IPC is fine. Therefore, the charge sheet has to be laid within a period of one year as contemplated under Section 468 (2) (b) of Cr.P.C. However, the charge sheet has been laid on 17.09.2025 is clearly beyond the period of one year and hence bar under Section 468(2) (b) of Cr.P.C.

¶6In such view of the matter, the continuation of the criminal proceedings as against the petitioners would only be an abuse of process of law and therefore, the FIR in Crime No.447 of 2023, on the file of the first respondent police is hereby quashed.

¶7Accordingly, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed.

23.07.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

¶1The Judicial Magistrate, Rajapalayam.

¶2The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR,J. ebsi

23.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and Crl.M.P(MD) No.13790 of 2026 1. Ayyanar 2. Ammaiyappan 3. Manoharan 4. Mariappan 5. Gnanaprakasam 6. Saddamhussein @ Sadham Hussain (Wrongly mentioned as Saddamhussein in Crime No.447 of 2023 instead of Sadham Hussain) 7. Gopalakrishnan 8. Karuppasamy 9. Gurusamy 10. Avutaiyappan @ Aavudaiyappan (Wrongly mentioned as Avutaiyappan in Crime No.447 of 2023 instead of Aavudaiyappan) 11. Shake @ Shek Parith, (Wrongly mentioned as Shake in Crime No.447 of 2023 instead of Shek Parith) 12. Sarip @ Mohammed Sarif, (Wrongly mentioned as Sarip in Crime No.447 of 2023 instead of Mohammed Sarif) 13. Ramachandran 14. Chandran 15. Selvaraj 16. Kanagaraj 17. Muhammad Raja @ Mohammed Raja (Wrongly mentioned as Muhammad Raja in Crime No.447 of 2023 instead of Mohammed Raja) 18. Wasim Akram 19. Bharathiraja 20. Murugan 21. Balamurugan 22. Muniyandi 23. Dharmaraj 24. Muthusamy 25. Raj @ Govindaraj 26. Madasamy 27. Sankarasubbu 28. Muthulakshmi 29. Ramalakshmi ... Petitioners/ Accused No.1 to 3, 5 to 12, 14 to 29, 31 and 32 Vs 1. State of Tamil Nadu Represented by The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District. (Crime No.447 of 2023) ... 1st Respondent/ Complainant 2. M.Murugaraj Sub-Inspector of Police, Rajapalayam South Police Station, Virudhunagar District. ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in connection with the FIR in Crime No.447 of 2023, dated 05.11.2023 pending investigation on the file of the first respondent police for the offences under Sections 143, 341 & 290 of IPC (Corresponding Sections 189(2), 126(2), 292 of BNS, 2023) on the file of the first respondent police and quash the same against the petitioners as illegal. For Petitioners : Mr.R.Ganeshprabu For R1 : Mr.G.Ganesh Kumar Government Advocate (Crl.Side)