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Mohankumar v. State Rep. by the Inspector of Police

Madras HC3 Feb 2026CRL OP/2104/2026

Case brief

AI extract

What is this about?

Madras High Court (A.D.Jagadish Chandira J., 03-02-2026) allows CRL OP No.2104 of 2026 under Section 528 B.N.S.S. and quashes FIR Crime No.126/2019 of Jedarpalayam Police Station, Namakkal District (river sand theft, lorries TN 28 P 7389 and TN 28 AU 7788): final report under Section 379 IPC e-filed only on 26.06.2024, beyond the three-year limitation under Section 468(2)(c) Cr.P.C.; cognizance barred; limitation, quashing of FIR, delay in filing final report.

What did the court decide?

All further proceedings pending against all the accused pursuant to Crime No.126 of 2019 on the file of the respondent Police quashed in their entirety; connected miscellaneous petition (Crl.M.P.No.1404 of 2026) closed. ¶30

Mohankumar Vs State Rep. by the Inspector of… — Mining and Natural Resources | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR in Crime No.126 of 2019 and all further proceedings pursuant thereto are liable to be quashed. +1 more

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Court's answer

No useful purpose would be served by keeping the criminal proceedings pending; accordingly the Criminal Original Petition stands allowed and all further proceedings pending against all the accused pursuant to Crime No.126 of 2019 are quashed in their entirety, and the connected miscellaneous petition is closed.

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Ratio / Principle

As per Section 468(2)(c) Cr.P.C., the final report for an offence punishable with a maximum sentence of three years' imprisonment ought to have been filed within three years from the date of registration of the FIR; the final report was e-filed only on 26.06.2024, which is clearly beyond the period of limitation, and therefore cognizance cannot be taken.

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Detailed headnote1 paragraphs

Criminal Original Petition under Section 528 B.N.S.S. seeking quashing of FIR in Crime No.126 of 2019 (alleged theft of 7 units of river sand from the river bed using two lorries, TN 28 P 7389 and TN 28 AU 7788). Offence allegedly occurred on 18.07.2019 and the case was registered the same day; after investigation the final report was e-filed only under Section 379 IPC before the Judicial Magistrate, Paramathi, and only on 26.06.2024. Held: under Section 468(2)(c) Cr.P.C. the final report ought to have been filed within three years from the date of registration of the FIR; filing beyond that period bars cognizance; no useful purpose would be served by keeping the proceedings pending. Petition allowed; all further proceedings against all the accused pursuant to Crime No.126 of 2019 quashed in their entirety; connected miscellaneous petition closed.

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CRL OP No. 2104 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-02-2026

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CORAM

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THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

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CRL OP No. 2104 of 2026 and Crl.M.P.No.1404 of 2026

Mohan Kumar

..Petitioner(s)

State Rep. by The Inspector of Police Jedarpalayam Police Station, Namakkal District. Crime No. 126/2019.

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..Respondent(s)

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Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for the records relating to Crime No.126 of 2019 on the file respondent police and quash the same.

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For Petitioner(s): Mr.G.Anbuchezheiyan For Respondent(s): Mr.S.Santhosh Government Advocate (Crl.Side)

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ORDER

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This Criminal Original Petition has been filed seeking to quash the First

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Information Report in Crime No.126 of 2019 pending on the file of the respondent.

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__________ Page1 of 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 2104 of 2026

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The case of the prosecution is that the petitioner had committed

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theft of 7 units of river sand from the river bed by using two lorries bearing Registration Nos.TN 28 P 7389 and TN 28 AU 7788. Hence, the complaint.

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The learned counsel for the petitioner submitted that the alleged

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offence is stated to have taken place on 18.07.2019 and the case has been registered on the same day. In such circumstances, the final report ought to have been filed within a period of three years. However, the respondent has not filed the final report till date. Therefore, there is a bar under Section 514 of the BNS, against taking cognizance after the lapse of the period of limitation. Accordingly, the petitioner seeks to quash the proceedings against him.

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The learned Government Advocate (Crl.Side) appearing for the respondent submitted that initially, a case was registered for the offences punishable under Section 379 of IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act. After completion of investigation, the first respondent e-filed the final report for the offences punishable only under Section 379 of IPC before the Judicial Magistrate, Paramathi and it is yet to be taken on file.

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5 . The fact remains that the petitioner has been charge-sheeted for the offence punishable under Section 379 of IPC for which the maximum sentence

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__________ Page2 of 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 2104 of 2026

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of imprisonment is 3 years. In such circumstances, as per Section 468(2)(c) Cr.P.C., the first respondent ought to have filed the final report within a period of three years from the date of registration of the First Information Report. Though the alleged occurrence is stated to have taken place on 18.07.2019, the final report has been e-filed only on 26.06.2024, which is clearly beyond the period of limitation. Therefore, cognizance cannot be taken.

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6 . In view of the above, this Court is of the opinion that no useful purpose would be served by keeping the criminal proceedings pending. Accordingly, this Criminal Original Petition stands allowed and all further proceedings pending against all the accused pursuant to Crime No.126 of 2019, on the file of the respondent Police are hereby quashed in their entirety. Consequently, the connected miscellaneous petition is closed.

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03-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VKR

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__________ Page3 of 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 2104 of 2026

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A.D.JAGADISH CHANDIRA, J.