Back
2026 Supreme(Online)(Mad) 19051
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
M.Jothilingam – Appellant
Versus
The Inspector of Police PEW Srivilliputhur Police Station Virudhunagar District Crime No.304 of 2016 – Respondent
Crl. OP(MD).No.19827 of 2025 | Crl.M.P(MD).No.16640 of 2025
For the Appellants/Petitioners: Mr.E.Mareeskumar
For the Respondent:Mr.A.Albert James Government Advocate (Crl.side)
Limitation under Section 468(1)(c) of Cr.P.C necessitates timely filing of charge sheets.
Headnote:This petition concerns the quashing of an F.I.R under the Tamil Nadu Prohibition Act, filed by the accused due to the lapse of limitation under Section 468(1)(c) of Cr.P.C for filing a charge sheet. The court found that the prosecution failed to file the charge sheet within the stipulated period of three years, as the charge sheet had not been laid for over ten years. Therefore, it was determined that no useful purpose would be served by keeping the F.I.R pending.
| Table of Content |
|---|
| 1. f.i.r quashing due to delay in filing charge sheet. (Para 1 , 2 , 3 , 4) |
| 2. court's conclusion on allowing the petition. (Para 5) |
ORDER
The present petition has been filed by the accused in crime No.304 of
2016 on the file of the respondent police seeking to quash the F.I.R which has been laid under Section 4(1)(a) and Section 24 of Tamil Nadu Prohibition Act.
2.As per the case of the prosecution, the 2nd accused has got license to run the bar and the 1st accused is an employee. The officials of the respondent police are said to have conducted an inspection on 22.07.2016, it was found that the liquor bottles were stocked in the bar and therefore, the present F.I.R has been registered.
3.According to the learned counsel for the petitioner, the F.I.R was registered on 22.07.2016 and so far, charge sheet has not been paid. It is brought to the notice of the Court that the prosecution had filed an application under Section 473 Cr.P.C to condone the delay in filing the final report and the same was dismissed by Judicial Magistrate No.I, Sivakasi on
30.05.2025.
4.The maximum punishment that could be imposed for the above said offence is for a period of three years. Therefore, in view of Section 468(1)(c) of Cr.P.C, the charge sheet has to be laid within a period of three years. In the present case, admittedly for the past 10 years, the charge sheet has not been laid and an attempt was made under Section 473 Cr.P.C seeking extension of limitation was also not successful.
5.In such circumstances, no useful purposes will be served in keeping the FIR pending. Hence, this Criminal Original Petition stands allowed.
Consequently, connected miscellaneous petition is closed.
