SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 11409

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
PUSHPARAJ – Appellant
Versus
State Rep. by – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.02.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.1840 of 2026 Pushparaj ... Petitioner Vs.

1. The State represented by, The Inspector of Police, Kurinjipadi Police Station, Cuddalore District. (Crime No.157 of 2019)

2. Karunakaran ... 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 in connection with the impugned FIR in Crime No.157 of 2019, on the file of the first respondent.

For Petitioner : Mr.M.Vijaya Ragavan 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 First Information Report in Crime No.157 of 2019, pending against the petitioner on the file of the first respondent police.

2. Based on the complaint lodged by the second respondent, alleging that the petitioner/accused, while riding his two wheeler in a rash and negligent manner, dashed against the de facto complainant’s grand father (pedestrian) due to which the latter sustained injuries, the aforesaid case in Crime No.157 of 2019 was registered on 19.06.2019 for the offences under Sections 279 & 337 of IPC, which is now sought to be quashed.

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

3.1. The alleged incident is said to have taken place on

19.06.2019 and the case was registered on the same day. The maximum punishment prescribed for the aforesaid offences is tabulated hereunder:

Sections Punishment

279 IPC Imprisonment may extend to six months or with fine or with both

337 IPC Imprisonment may extend to six months or with fine or with both

3.2. Since the case was registered on 19.06.2019, 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 FIR pending against the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the first respondent Police, on instructions from Mr.D.Sakkaravarthi, HC 740, Kuringipadi Police Station, Cuddalore District, submitted that the investigation in this case has been completed and the charge sheet is yet to be filed before the jurisdictional Magistrate. He fairly admitted that there is a delay.

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

6. For the punishments 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 cannot be 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, the Criminal Original Petition stands allowed and the First Information Report in Crime No.157 of 2019 pending on the file of the first respondent police is hereby quashed. Consequently, the connected miscellaneous petition is closed.

09.02.2026 ham Neutral Citation: Yes/No To

1. The Inspector of Police, Kurinjipadi Police Station, Cuddalore District.

2. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA , J .

ham and Crl.M.P.No.1840 of 2026

09.02.2026

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top