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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.5915 of 2024
Surendhar Petitioner vs.
State of Tamil Nadu, Inspector of Police, Annanmalai Nagar, police Station, Cuddalore Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR in Crime No.225 of 2021 on the file of respondent police.
For Petitioner : Mr.R.Thamarai Selvan
For Respondent : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This Criminal Original petition has been filed seeking to quash the FIR in Crime No.225 of 2021 on the file of respondent police.
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2. The FIR has been registered under Section 294 (b) and Section 7(1) (a) of the Criminal Law Amendment Act, 2005. The offence is punishable for a maximum imprisonment of three months and six months respectively.
3. The learned Additional Public Prosecutor on instructions submitted that the final report was filed before the Court below on 27.02.2024 only. It is therefore clear that there is a bar in taking cognizance of the final report under Section 468(2) (b) of Cr.PC, since the final report has been filed out of time.
4. In the light of the above development, the Court below shall apply its mind and see if Section 473 of Cr.PC has to be invoked in this case. If not, the final report itself can be closed as barred by time. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order.
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5. This Criminal Original Petition is disposed of with the above directions.
12.03.2024
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka
To
1. State of Tamil Nadu, Inspector of Police, Annanmalai Nagar, police Station, Cuddalore
2. The Public Prosecutor, High Court, Madras
N. ANAND VENKATESH, J.
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rka
Crl.O.P No.5915 of 2024
12.03.2024
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