IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.02.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.2747 & 2748 of 2026 Ponmozhi ... Petitioner Vs.

1. The State represented by, The Inspector of Police, Alangiyam Police Station, Tiruppur District.

Crime No.128 of 2019

2. G.Nagarajan, Sub Inspector of Police, Alangiyam Police Station, Tiruppur District. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records relating to the S.C.No.895 of 2025 on the file of the Judicial Magistrate Court, Dharapuram.

For Petitioner : Mr.C.Ramkumar For R1 : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings relating to S.C.No.895 of 2025, on the file of the Judicial Magistrate Court, Dharapuram, pending against the petitioner.

2. The case of the prosecution is that on 22.06.2019, at 11.00 am, there was a dispute in respect of using a common pathway leading to a farm land and in view of that, there was an affray between the parties, and the respondent police on 23.06.2019, registered a case in Crime No.128 of 2019 against the petitioner/accused, for the offence under Section 160 of IPC, and final report was filed on the file of the Judicial Magistrate Court, Dharapuram, and same was taken on file in S.C.No.895 of 2025, which is now sought to be quashed.

3. The submissions of the learned counsel appearing for the petitioner are as follows:-

3.1. The alleged incident is said to have taken place on 22.06.2019 and the case was registered on 23.06.2019. The maximum punishment prescribed for the aforesaid offence is one month imprisonment of either description, a fine of up to one hundred rupees, or both.

3.2. In respect of the aforesaid offence, 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 clear bar for taking cognizance if it is filed beyond one year.

3.3. Since the final report has not been filed within one year, the learned Magistrate is barred from taking cognizance. Hence, the continuation of the criminal proceedings against the petitioner is an abuse of process of law and the same is liable to be quashed. Therefore, he prayed to quash the proceedings pending against the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the first respondent Police fairly admitted that there is a delay in the filing of final report.

5. Heard both sides and perused the materials available on record.

6. For the punishment set out in paragraph 3.1, supra, the final report ought to have been filed within one year from the date of registration of the FIR, as per Section 468(2)(b) of Cr.P.C. However, in the instant case, the final report has not been filed within the period of one year since the registration of the FIR and therefore, cognizance could not have been taken.

7. In view of the above, this Court is of the opinion that no useful purpose would be served by keeping the impugned proceedings pending against the petitioner and the same is liable to be quashed. Accordingly, this Criminal Original Petition stands allowed and the impugned proceedings in S.C.No.895 of 2025 pending on the file of the Judicial Magistrate Court, Dharapuram, is hereby quashed. Consequently, the connected miscellaneous petitions are closed.

18.02.2026 dsn Neutral Citation: Yes/No Note:

Issue order copy on 20.02.2026 To

1. The Judicial Magistrate, Dharapuram.

2. The Inspector of Police, Alangiyam Police Station, Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA , J .

dsn and Crl.M.P.Nos.2747 & 2748 of 2026

18.02.2026