Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 6, Cited by 0]

Madras High Court

R.Purushothaman vs State Rep. By The Inspector Of Police on 2 February, 2026

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                                                                             CRL OP No. 2075 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 02-02-2026

                                                               CORAM

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

                                                CRL OP No. 2075 of 2026
                                               and Crl.M.P.No.1354 of 2026
                R.Purushothaman
                                                                                                  ..Petitioner(s)
                                                                    Vs

                1. State Rep. by the Inspector of Police
                   C1, Sriperumbudur Police Station,
                   Kancheepuram District.
                   Crime No. 942/2017.

                2. Sethuraman
                                                                                                ..Respondent(s)

                                   Criminal Original Petition is filed under Section 528 of B.N.S.S., to
                call for the records relating to FIR in Crime No.942/2017 on the file of the 1st
                respondent and quash the same.


                              For Petitioner(s):                 Mr.R.Radha Pandian
                              For Respondent(s):                 Mr.S.Santhosh,
                                                                 Government Advocate (Crl.Side) for R1

                                                               ORDER

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.942 of 2017 pending on the file of the first respondent police.

__________ Page1 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 01:27:18 pm ) CRL OP No. 2075 of 2026

2. The case of the prosecution is that on 28.11.2017, while the de facto complainant was returning after purchasing scrap materials in his TATA ACE vehicle bearing Registration No. TN 11 V 0930, the accused allegedly came there in a two wheeler, intercepted, abused and assaulted him and extorted a sum of Rs.5,000/- from him. Further, the accused criminally intimidated him by disclosing their names as Stephen, Purushothaman and Subash. Based on the said disclosure, the de facto complainant came to know the identity of the accused. Hence, the aforesaid case in Crime No.942 of 2017 was registered by the first respondent for the offences punishable under Sections 341, 294(b), 323, 384 and 506(i) of IPC.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and a false case has been foisted by the first respondent with a view to unlawfully detaining the petitioner. A bare perusal of the First Information Report would reveal that the case has been registered solely for the purpose of invoking Tamil Nadu Act 14 of 1982. He further submitted that the principal offences alleged are under Sections 384 and 506(i) of IPC. Though the alleged occurrence is stated to have taken place on 28.11.2017, till date, the investigation has not been completed and final report has not been filed. Hence, the petitioner seeks quashment of the proceedings.

__________ Page2 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 01:27:18 pm ) CRL OP No. 2075 of 2026

4. The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that the petitioner, along with two other accused, waylaid the de facto complainant, assaulted him and extorted a sum of Rs.5,000/- from him. He further submitted that the investigation has been completed and final report has been e-filed before the learned Judicial Magistrate, Sriperumbudur on 29.01.2026.

5. The fact remains that the petitioner was charge sheeted for the offences punishable under Sections 341, 294(b), 323, 384 and 506(i) of IPC , for which, the maximum punishment prescribed is three years. In such circumstances, the first respondent ought to have filed the final report within a period of three years from the date of registration of the FIR, as per Section 468(2)(c) Cr.P.C. Though the alleged occurrence is stated to have taken place on 28.11.2017, the final report has been filed only on 29.01.2026, which is clearly beyond the period of limitation and therefore, cognizance cannot be taken.

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, the Criminal Original Petition stands allowed and the First Information Report pending against all the accused in Crime No.942 of 2017, on the file of the first respondent Police and all further proceedings pending on __________ Page3 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 01:27:18 pm ) CRL OP No. 2075 of 2026 the file of the Judicial Magistrate, Sriperumbudur, pursuant to Crime No.942 of 2017 are hereby quashed in their entirety. Consequently, the connected miscellaneous petition is closed.

02-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VKR To

1.The Judicial Magistrate, Sriperumbudur.

2.The Inspector of Police C1, Sriperumbudur Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court of Madras.

__________ Page4 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 01:27:18 pm ) CRL OP No. 2075 of 2026 A.D.JAGADISH CHANDIRA, J.

VKR CRL OP No. 2075 of 2026 02-02-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 01:27:18 pm )