Motor accident case registered for rash driving and causing hurt. With no final report filed after over three years, the High Court quashed the FIR holding cognizance was time-barred under Section 468 Cr.P.C.
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.No. 24206 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.10.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.24206 of 2024
Manibharathi .. Petitioner
Vs.
The State Rep by Inspector of Police, Jayankondam Police Station, Ariyalur District. .. Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C to call for the entire records related to FIR in Cr.No.958 of 2020 dated 02.09.2020 registered by the respondent and quash the same with respect to the petitioners.
For Petitioner : Mr.P.Parthikannan For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)
O R D E R
This petition is filed to quash the Cr.No.958 of 2020 registered on 02.09.2020 for alleged offence under Sections 279 and 337 of IPC.
1/4
Crl. O.P.No. 24206 of 2024
on 02.09.2020 at 05.30 a.m., two motor vehicles i.e., TVS Super XL unregistered and Bajaj Discover bearing Regn.No.TN-61-C-8892 colluded with each other causing grievous injury to the rider of the TVS Super XL. The petitioner /the rider of Bajaj Discover shown as accused is before this Court to quash the complaint on the ground that the complainant vehicle TVS Super XL not been subjected to motor vehicle inspection and the said defacto complainant also died on 2022 due to ill health. Till date, final report not filed. Therefore, to be quashed on the ground of limitation prescribed under Section 468 of Cr.P.C.
2/4
Crl. O.P.No. 24206 of 2024
279 of IPC) and punishment of imprisonment which may extend to 6 months or with fine which may extend to Rs.500/- or with both (Section
337 IPC).
one year since more than three years had passed from the date of registering the FIR and cognizance not taken, it is a appropriate case, to quash the FIR on the ground of limitation.
01.10.2024
Vv
To
1. The Inspector of Police, Jayankondam Police Station, Ariyalur District.
2. The Public Prosecutor, High Court of Madras.
3/4
Crl. O.P.No. 24206 of 2024
Dr.G.JAYACHANDRAN,J.
Vv
Crl.OP.No.24206 of 2024
01.10.2024
4/4
1 issue framed by the court
Whether FIR Cr.No.958 of 2020 under Sections 279 and 337 IPC should be quashed as barred by limitation under Section 468 Cr.P.C.
3 provisions across 2 enactments
Manibharathi
The State Rep by Inspector of Police, Jayankondam Police Station, Ariyalur District
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
