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CRL OP No. 2158 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

CRL OP No. 2158 of 2026

and Crl.M.P.No.1438 of 2026

Mohanraj

..Petitioner(s)

Vs

State Rep. by The Inspector of Police

Jedarpalayam Police Station,

Namakkal District.

Crime No. 148/2019.

..Respondent(s)

Criminal Original Petition is filed under Section 528 of B.N.S.S., to

call for the records relating to Crime No.148 of 2019 on the file of the

respondent police and quash the same.

For Petitioner(s): Mr.G.Anbuchezheiyan

For Respondent(s): Mr.S.Santhosh

Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the First

Information Report in Crime No.148 of 2019 pending on the file of the

respondent.

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CRL OP No. 2158 of 2026

2. The case of the prosecution is that the petitioner had committed

theft of 3 units of river sand from the river bed. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the alleged

offence is stated to have taken place on 31.08.2019 and the case has been

registered on the same day. In such circumstances, the final report ought to have

been filed within a period of three years. However, the respondent has not filed

the final report till date. Therefore, there is a bar under Section 514 of the BNS,

against taking cognizance after the lapse of the period of limitation.

Accordingly, the petitioner seeks to quash the proceedings against him.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent submitted that initially, a case was registered for the offences

punishable under Section 379 of IPC and Section 21(1) of the Mines and

Minerals (Development and Regulation) Act. After completion of investigation,

the first respondent e-filed the final report for the offences punishable only

under Section 379 of IPC before the Judicial Magistrate, Paramathi and it is yet

to be taken on file.

5. The fact remains that the petitioner has been charge-sheeted for the

offence punishable under Section 379 of IPC for which the maxmimum

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CRL OP No. 2158 of 2026

sentence of imprisonment is 3 years. In such circumstances, as per Section

468(2)(c) Cr.P.C., the first respondent ought to have filed the final report within

a period of three years from the date of registration of the First Information

Report. Though the alleged occurrence is stated to have taken place on

31.08.2019, the final report has been e-filed only on 25.06.2024, which is

clearly beyond the period of limitation. Therefore, cognizance cannot be taken.

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

purpose would be served by keeping the criminal proceedings pending.

Accordingly, the Criminal Original Petition stands allowed and all further

proceedings pending against all the accused pursuant to Crime No.148 of 2019,

on the file of the respondent Police, are hereby quashed in their entirety.

Consequently, the connected miscellaneous petition is closed.

03-02-2026

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

VKR

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CRL OP No. 2158 of 2026

A.D.JAGADISH CHANDIRA, J.

VKR

To

1.The Judicial Magistrate, Paramathi.

2.The Inspector of Police

Jedarpalayam Police Station,

Namakkal District.

3.The Public Prosecutor,

High Court of Madras.

CRL OP No. 2158 of 2026

03-02-2026

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