Pandidurai vs State Rep. By on 11 January, 2022
5. The offence under Section 75 of the Tamil Nadu City
Police Act is punishable with imprisonment for a period not
exceeding six months. Therefore, final report should have
been filed on or before 03.11.2021. We are now in January
2022. Till date final report has not been filed and no
explanation is forthcoming for the delay in filing final report. A
learned Judge of this Court vide Order dated 21.02.2020 made
in Cr.O.P.(MD)No.1972 of 2020 (V.K.Gurusamy Vs. The Special
Sub-Inspector of Police) has quashed the prosecution for
non-filing of the final report within the stipulated time and
where there is no explanation for the delay forthcoming. In the
case on hand also, no explanation for non-filing of the final
report is forthcoming. Of course when the matter was taken
up for final disposal, the learned Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
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4 CRL.O.P.(MD)NO. 232 OF 2022
filed a copy of the final report. It can be seen therefrom that
not even a single witness from the generabl public has been
examined. The allegations are very vague. It is not quite clear
as to how the petitioner's conduct had the potential of causing
of breach of public peace.