Sivakumar v. The Inspector of Police

ORDER This petition has been filed seeking to quash the impugned FIR in Crime No.346 of 2018 on the file of the 1st respondent police.

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.346 of 2018 for the offences punishable under Sections 143, 341 & 285 of IPC against the petitioners. The grievance of the petitioners is that though the case was registered in the year 2018, 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 petitioners, this Court is of the view that since even after a lapse of 5 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.346 of 2018 on the file of the respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed.

21.11.2023 NCC : Index : Internet : TM To

1.The Inspector of Police, Soolakkarai Police Station, Virudhunagar District. (Crime No.346 of 2018)

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

,J.

TM

21.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023 CORAM THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.15833 of 2023 1.Sivakumar 2.Alagusamy 3.Kannan 4.Rajasekaran 5.Gurunathappan 6.Ramar 7.Kottai rajan 8.Gurusamy 9.Pandiarajan 10.Raveendran 11.Jeyaseelan 12.Vairavan 13.Liyagath Ali 14.Selvin 15.Rajan 16.Parameshwaran 17.Selvaraj 18.Rajagopalan 19.Packiyam 20.Jeyaganesan 21.Raveendran 22.Lakshmi Narayanan 23.Mookkaiah 24.Kmaravelu 25.Karuppasamy 26.Suthanthira Glara 27.Ayyammal 28.Fathima Mary 29.Lakshmi 30.Balammal ... petitionerss Vs. 1.The Inspector of Police, Soolakkarai Police Station, Virudhunagar District. (Crime No.346 of 2018) 2.Ramkumar, Sub-Inspector of Police, Soolakkarai Police Station, Virudhunagar District. ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to pass an order to call for the records pertaining to the First Information Report in in Crime No.346/2018 dt. 15.11.2018 on the file of the Respondent No.1 and Quash the same as illegal and pass such further or other orders as this Court. For petitionerss : Mr.T.Seen Syed Anna For Respondents : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)