The Madurai Bench quashed the FIR and connected proceeding because the final report was filed and cognizance taken after the limitation period for offences under IPC Sections 324 and 506(i) had expired, making the trial court's action unsustainable.
FIR in Crime No.199 of 2014 and proceeding in C.C.No.150 of 2022 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P(MD)No.19019 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.19019 of 2021 & Crl.M.P(MD)No.10558 of 2021
Vs.
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., issue to call for the records Crime No.199 of 2014 on the file of first respondent and quash the same.
For Petitioners : Mr.N.Mohideen Basha For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.1
Mr.G.Raja Raman for R.2
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.199 of 2014 on the file of first respondent.
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Crl.O.P(MD)No.19019 of 2021
2014, the final report has been filed and the same has been taken cognizance in C.C.No.150 of 2022 on the file of the learned Judicial Magistrate, Thirumangalam, Madurai District and it is pending for trial.
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
mga
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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Crl.O.P(MD)No.19019 of 2021
To:
1.The Judicial Magistrate, Thirumangalam, Madurai District
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2 issues framed by the court
Whether the FIR should be quashed due to limitation period lapse despite pending interim stay.
Whether the trial court could take cognizance of the final report filed beyond the limitation period.
2 provisions across 1 enactments
R.Karanthamalai
Balamurugan @ K.Palmurugan
K.Ariraman @ Boominathan
K.Lingammal
Inspector of Police, Kallikudi Police Station, Madurai District
Shanmugam
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
