In a criminal original petition under Section 482 Cr.P.C., the Court quashed an FIR wherein no final report had been filed for over four years, holding it barred by limitation under Section 468 Cr.P.C.
The FIR in Crime No.386 of 2019 is quashed and connected miscellaneous petitions are closed.
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.18386 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.18386 of 2023 and Crl.M.P.(MD) Nos.14137 and 14514 of 2023
Joyson
... Petitioner
Vs
... Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the entire records pertaining to the Impugned First Information report in Crime No. 386 of 2019 on the file of respondent no.1 police station and quash as against the petitioner is concerned.
For Petitioner : Mr.Henbi Tiphagne
For Respondent : Mr.M.Sakthi Kumar (R1) Government Advocate (Crl.Side)
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Crl.O.P.(MD) No.18386 of 2023
ORDER
This petition has been filed to quash the FIR in Crime No.386 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.386 of 2019 for the offences punishable under Sections 143, 341 of IPC against the petitioner. Though the case was registered on 13.06.2019, 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 4 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.
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Crl.O.P.(MD) No.18386 of 2023
5.This Criminal Original Petition is allowed and the FIR in Crime
No.386 of 2019 on the file of the first respondent police is hereby quashed.
Consequently, connected miscellaneous petitions are closed.
13.10.2023
NCC : Yes/No Index : Yes / No Internet: Yes/ No PNM
To 1. The Inspector of Police, South Police Station, Thoothukudi District. Crime No. 386/2019.
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Crl.O.P.(MD) No.18386 of 2023
G.ILANGOVAN, J.
PNM
ORDER IN Crl.O.P.(MD) No.18386 of 2023 and Crl.M.P.(MD) Nos.14137 and 14514 of 2023
13.10.2023
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2 issues framed by the court
Whether the FIR in Crime No.386 of 2019 should be quashed due to bar of limitation under Section 468 Cr.P.C.
Whether the FIR is barred by limitation after a lapse of four years without a final report being filed.
2 provisions across 1 enactments
Joyson
The Inspector of Police, South Police Station, Thoothukudi District
E.Sivakumar
G.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
