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CRL OP No. 34743 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

CRL OP No. 34743 of 2025

and

CRL MP.No.24359 of 2025

Rajesh Petitioner

Vs

1. The State rep by

The Inspector of Police

Mamallapuram Police Station,

Chengalpattu District.

Crime No.33 of 2021

2.Natarajan Respondents

Prayer: Criminal Original Petition filed under section 528 of BNSS to call for

records from the 1^st respondent police in Crime No.33 of 2021 and to quash the

same.

For Petitioner: Mr.R.Thirumoorthy

For R1: Mr.S.Santhosh

Government Advocate (Crl.Side)

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CRL OP No. 34743 of 2025

ORDER

This Criminal Original Petition has been filed seeking quashment of FIR

in Crime No.33 of 2021 dated 25.01.2021 for the offences under sections 279

and 337 of the IPC on the file of the respondent police.

2. The submissions of the learned counsel appearing for the

petitioner are as follows:-

2.1. The case in Crime No.33 of 2021 was registered on 25.01.2021

against the petitioner for the offences under Sections 279 and 337 of IPC,

alleging that on 25.01.2021, the petitioner drove a two-wheeler in a rash and

negligent manner and collided with a bus, as a result of which the pillion rider

sustained injuries.

2.2. The maximum punishment prescribed for the offence under

Section 279 IPC may extend to six months imprisonment or a fine up to

Rs.1,000/- or both and for the offence under Section 337 IPC, the punishment

may extend to six months imprisonment or a fine up to Rs.500/- or both. Hence,

the investigation ought to have been completed and the final report filed within

one year from the date of registration of the FIR, as mandated under Section

468 Cr.P.C. Therefore, there is a bar for taking cognizance if it is filed beyond

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CRL OP No. 34743 of 2025

one year.

2.3. Since the final report has not been filed so far, the learned

Magistrate is barred from taking cognizance. Hence, the continuation of the

proceedings against the petitioner is an abuse of process of law and hence, the

proceedings is liable to be quashed.

3. Learned Government Advocate (Crl.Side) appearing for the

respondent police submitted that the charge sheet has not been filed so far. He

fairly admitted that there is a delay.

4. Having heard the learned counsel appearing on either side and

upon perusal of the materials available on record, this Court finds that the case

was registered for the offences under Sections 279 and 337 of IPC and that for

the said offences, the charge sheet ought to have been filed within one year from

the date of registration of the FIR as mandated under Section 468(1)(2)(b) of

Cr.P.C. However, the final report has not been filed till date and therefore,

cognizance cannot be taken.

5. In view of the above, this Court is of the opinion that no useful

purpose would be served by keeping the proceedings pending. Accordingly, the

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CRL OP No. 34743 of 2025

Criminal Original Petition stands allowed and the proceedings pending against

the petitioner in Crime No.33 of 2021, on the file of the first respondent Police,

are hereby quashed. Consequently, the connected miscellaneous petition is

closed.

19-12-2025

Index:Yes/No

Speaking/Non-speaking order

Internet:Yes

Neutral Citation:Yes/No

shl

To

1.The Inspector of Police

Mamallapuram Police Station,

Chengalpattu District.

2. The Public Prosecutor

High Court of Madras

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CRL OP No. 34743 of 2025

A.D.JAGADISH CHANDIRA J.

shl

CRL OP No. 34743 of 2025 and

CRL MP.No.24359 of 2025

19-12-2025

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