Quash petition against FIR for illegal transport of PDS rice where police filed the final report only after 11 years' unexplained inaction, following the petitioner's departmental acquittal. The court held the delay caused prejudice and quashed the case on grounds of laches.
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Crl.OP.No.4544 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.4544 of 2023
K.Marimuthu ... Petitioner
Vs.
1. State by rep The Inspector of Police, Civil Supplies, Crime Investigating Department, Thiruvallur District. (Crime No.148/2013).
... Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records and quash the FIR in Crime No.148 of 2013, dated 15.06.2013, on the file of the respondent police.
For Petitioner : Mr.S.John Josh For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition is filed to quash the complaint in
Cr.No.148 of 2013, dated 15.06.2013 for offences under Section 6(4) of
TNSC (RDCS) Order 1982 r/w 7(1) a(ii) of EC Act, 1955.
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Crl.OP.No.4544 of 2023
investigation and filing the final report and only after filing of this
petition, they have filed the final report through e-filing with inordinate unexplained delay.
this case to be quashed, on ground of latches, accordingly, this petition is allowed.
08.07.2024
ub
To
1. The Inspector of Police, Civil Supplies, Crime Investigating Department, Thiruvallur District.
2. The Public Prosecutor, High Court of Madras, Chennai.
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Crl.OP.No.4544 of 2023
Dr.G.JAYACHANDRAN,J.
ub
Crl.OP.No.4544 of 2023
08.07.2024
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1 issue framed by the court
Whether an FIR pending 11 years without a final report should be quashed despite the report being filed during the pendency of the quash petition.
3 provisions across 3 enactments
K.Marimuthu
State by rep The Inspector of Police, Civil Supplies, Crime Investigating Department, Thiruvallur District
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
