M/S.Arappor Iyakkam vs Inspector Of Police on 22 August, 2023

[Cites 5, Cited by 0]

Madras High Court

M/S.Arappor Iyakkam vs Inspector Of Police on 22 August, 2023

Bench: N. Anand Venkatesh

                                                      1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 22.08.2023

                                                   CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                          Crl.O.P No.19059 of 2023
                                         and Crl.MP.No.12747 of 2023


                    1.M/s.Arappor Iyakkam
                    Rep by its Convenor Jayaram
                    Venkatesan,M/Aged 42, No.7, Second Floor,
                    Sathya plaza, Dr.Thirumoorthy Nagar Main Road
                    Nungambakkam,
                    Chennai- 600 034.                                      Petitioner

                                                     vs.

                    1.Inspector of Police
                    Central Crime Branch-I,
                    Central Crime Branch,
                    Cyber Crime Cell,
                    Vepery, Chennai-600 007.

                    2.Sakthi Manikandan S                               Respondent


                    PRAYER: Criminal Original Petition filed under Section 482 of the
                    Code of Criminal Procedure, to call for the records of FIR in Crime
                    No.349 of 2019 on the file of the Central Crime Branch-I, Chennai
                    and Quash the same and grant such other or further reliefs as the
                    Court may deem fit and proper in the circumstances of this case.
https://www.mhc.tn.gov.in/judis
                                                         2

                                        For Petitioner       : M/s N.S.Tanvi
                                        For Respondent       :Mr. A. Damodaran,
                                                             Additional Public Prosecutor-R1


                                                    ORDER

This petition has been filed to quash the FIR registered in Crime No.349 of 2019 pending on the file of the 1st respondent.

2. Heard M/s N.S.Tanvi, learned counsel for the petitioner and Mr. A. Damodaran, learned Additional Public Prosecutor for 1st respondent.

3. It is not necessary for this Court to go into the various grounds that have been raised in this petition on the merits of the case. The FIR has been registered for offence under Section 153, 505(1)(b), 505(2) of IPC dated 18.12.2019 and till date, no final report has been filed.

4. Under Section 468 (2) (c) of Cr.PC, the final report ought to have been filed within a period of three years from the https://www.mhc.tn.gov.in/judis 3 date of incident failing which there is a bar in taking cognizance of the final report. In this case, it is more than 3 ½ years since the FIR was registered and hence, even if a final report is filed, it cannot be taken cognizance in view of the bar under Section 468 (2)(c) of Cr.PC. On this ground alone, the FIR is liable to be quashed by this Court.

5. In the light of the above discussion, the FIR in crime No.349 of 2019 on the file of the Central Crime Branch-I, Chennai is hereby quashed. Consequently, the connected miscellaneous petition is closed.





                                                                             22.08.2023


                    Index      : Yes/No
                    Internet : Yes/No

Speaking Order/Non-Speaking Order rka https://www.mhc.tn.gov.in/judis 4 To

1. Inspector of Police Central Crime Branch-I, Central Crime Branch, Cyber Crime Cell, Vepery, Chennai-600 007.

2. The Public Prosecutor, High Court,Madras https://www.mhc.tn.gov.in/judis 5 N. ANAND VENKATESH, J.

rka Crl.O.P No.19059 of 2023 and Crl.MP.No.12747 of 2023 22.08.2023 https://www.mhc.tn.gov.in/judis

Unlock Advanced Research with PRISMAI

Madras High Court