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Prakash vs The State Of Tamilnadu on 19 February, 2025

Therefore, in view of the above said judgement of this Court in A.Kaliyaperumal Vs. Superintendent of Police, Cuddalore and Another, the petitioner can seek prayer to quash the case based on limitation. Therefore, the order passed by the Trial Court in closing the complaint on limitation ground is in order. That apart, even as per the F.I.R., there are no specific allegations to constitute the offences and there are only bald and vague allegations. Even on merits, there are no ingredients to constitute the 3/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 06:46:22 pm ) Crl.O.P.(MD)No.3076 of 2025 offences and therefore, there are no grounds to interfere with the order of the Trial Court. Hence, this Criminal Original Petition is liable to be dismissed and accordingly dismissed.
Madras High Court Cites 8 - Cited by 0 - Full Document

S.Akbar Ali vs The State Of Tamil Nadu on 28 April, 2025

7. At this juncture, it is relevant to refer the judgment of this Court A.Kaliyaperumal Vs. The Superintendent of Police, Cuddalore, Page No. 5 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 08:04:07 pm ) CRL.OP(MD) NO.13074 of 2024 Cuddalore District (Crl.O.P.Nos.433 and 543 of 2024 dated 24.01.2024). Already this Court after referring various judgement of the Supreme Court as well as this Court quashed the proceedings on the ground of limitation that there is a bar in taking cognizance under Section 468 of the Code of Criminal Procedure, 1973 (Cr.P.C) after lapse of limitation period. In the case on hand also, the offence are punishable below three years and thereby, the charge has been filed after lapse of the limitation period i.e after nine years without filing the petition under Section 473 Cr.P.C. Therefore, in view of the above said judgment and as discussed above this Court is of the opinion that the case is barred by limitation and also there are no ingredients to constitute the offences. Hence, the pending proceedings are liable to be quashed.
Madras High Court Cites 6 - Cited by 0 - Full Document
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