Palanisami v. The Inspector of Police

ORDER This petition has been filed seeking to quash the impugned FIR in Crime No.462 of 2022 on the file of the 1st respondent police.

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.462 of 2022 for the offences punishable under Sections 143, 290, 291, 341 of IPC against the petitioner. The grievance of the petitioner is that though the case was registered in the year 2022, so far no final report has been filed before the concerned Court.

3.The learned Government Advocate (Crl. Side) submitted that 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 1 ½ 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.462 of 2022 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed.

07.11.2023 NCC : Index : Internet : TM To

1.The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District. (In Crime No.462 of 2022)

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

,J.

TM

07.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023 CORAM THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.15523 of 2023 Palanisami ... Petitioner Vs. 1.The State rep.by The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District. In Crime No.462 of 2022) 2.Soosaipandian ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code,To call for the records in Crime No. 462 of 2022 on the file of the respondent police and quash the same and pass such further orders. For Petitioner : Mr.S.Selva Kumar For R1 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)