The failure to file a final report within the statutory limit constitutes grounds for quashing an FIR under Section 482 Cr.P.C.

O R D E R

This criminal original petition has been filed seeking to quash the FIR in Crime No.149 of 2019, pending on the file of the respondent-police.

2. The case of the prosecution is that on 16.11.2019, the petitioner and others, who belong to a political party, without obtaining any prior permission, unlawfully assembled and protested against the failure to repair the damaged National Highway from Kavalkinaru to Kaliyakavilai and the protestors blocked the road, despite the warnings issued by the respondent- police, thereby causing disturbance to the public. Consequently, the aforesaid case in Crime No.149 of 2019 was registered by the respondent- police for the offences under Sections 143, 341 & 283 of IPC, which is now sought to be quashed.

3 The maximum punishment prescribed for the aforesaid offences are tabulated hereunder:

4. Learned counsel for the petitioner submitted that in respect of the aforesaid offences, the investigation ought to have been completed and the final report should have been filed within a period of one year from the date of registration of the FIR ie., 16.11.2019, as mandated under Section 468 Cr.P.C. However, even after a lapse of about seven years, the final report has not been filed till date and therefore, the same is barred by limitation. Hence, the continuation of the proceedings against the petitioner is an abuse of process of law and therefore, the impugned FIR is liable to be quashed.

5. He further submitted that the facts of the instant case are similar to the facts of the cases in Jeevanandham and others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District reported in (2018 2 LW (Crl) 606) and Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others (Crl.O.P(MD) No.7922 of 2019, decided on 30.08.2019), in which the proceedings were quashed.

6. Learned Additional Public Prosecutor appearing for the respondent-police endorsed the aforesaid submission of the learned counsel for the petitioner that the facts of the instant case are akin to the facts in the aforesaid two cases and he fairly submitted that the final report is yet to be filed before the Court concerned.

7. Heard the learned counsel on either side and perused the materials available on record.

8. For the punishments set out in paragraph 3 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 yet been filed, even after a lapse of seven years from the date of registration of FIR.

9. Further, this Court is of the opinion that the abovesaid two decisions relied on by the learned counsel for the petitioner would apply on all fours to the present case and that no useful purpose will be served by keeping the impugned FIR in Crime No.149 of 2019 pending and hence, the same is liable to be quashed.

10. Ergo, for the aforesaid two reasons, this criminal original petition stands allowed and the FIR in Crime No.149 of 2019, pending on the file of the respondent-police, is hereby quashed as against the petitioner.