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Abdul Pasith v. The Inspector of Police

ALLOWED
Court
High Court of Madras
Decided
5 December 2023
Bench
G.Ilangovanauthor
Case no.
CRL OP(MD) 21732/2023

Judgment

ORDER This petition has been filed to quash the FIR in Crime No. 253 of 2019, on the file of first respondent police.

2.The grievance 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.253 of 2019 for the offences punishable under Sections 143, 341, 283 of IPC against the petitioner. Though the case was registered on 15.11.2019, 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 3 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.253 of 2019 on the file of the first respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed.

05.12.2023 NCC : Index : Internet : PNM To

1.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District. (Crime No.253 of 2019)

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

,J.

PNM ORDER IN and Crl.M.P.(MD).No.17078 of 2023

05.12.2023

Case details

Parties and counsel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.12.2023 CORAM THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.17078 of 2023 Abdul Pasith ... Petitioner Vs. 1.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District. (Crime No.253 of 2019) 2.Mr.K.Gunasekaran ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to FIR in Cr.No.253/2019 dt 15.11.2019 on the file of the Respondent police and quash the same as illegal as far as against the petitioner concerned. For Petitioner : Mr.G.Mathavan For R1 & R2 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.