Charge sheet quashed as filed beyond 3-year limitation under Section 468 Cr.P.C without extension under Section 473.

ORDER

The present Criminal Original Petition has been filed by the petitioner/sole accused in C.C.No.538 of 2025 on the file of learned Judicial Magistrate Court, Thiruchendur, seeking to quash the charge sheet wherein the petitioner has been charged for the offence under Section 505(2) of IPC.

2. A perusal of the charge sheet reveals that the petitioner has uploaded Facebook post attacking the sentiments of the other community. The FIR has been registered on 21.11.2018 and charge sheet has been laid on 19.08.2025.

3.According to the learned counsel appearing for the petitioner, the maximum punishment that could be imposed for the offence under Section 505(2) of IPC is three years. However, the charge sheet has not been laid within a period of three years and no application was filed by the investigating agency under Section 473 of Cr.P.C seeking extension of time. In such circumstances, charge sheet is liable to be quashed. 4. Learned Additional Public Prosecutor appearing for the first respondent submitted that the charge sheet has not been laid within a period of three years.

5. Heard the learned counsel appearing on both side and perused the materials available on record.

6. The petitioner has charged with the offence under Sections

505(2) of IPC and FIR has been registered on 21.11.2018 and charge sheet has been laid on 19.08.2025. The maximum punishment that could be imposed for the offence under Section 505(2) of IPC is three years. As per Section 468(2)(c) of Cr.P.C, charge sheet has to be laid within a period of three years. In the present case, admittedly, no application has been filed by the prosecution under Section 473 of Cr.P.C for extension of time.

7. In such view of the matter, it is clear that the Court cannot take cognizance of this matter beyond three years which is barred by limitation. In such view of the matter if the trial is permitted to continue, it will be only an abuse of process of law.

8. In view of the above said facts, the charge sheet in C.C.No.538 of 2025 on the file of the learned Judicial Magistrate, Thiruchendur, is hereby quashed. Consequently, the Criminal original petition is allowed.

Consequently, connected miscellaneous petitions are closed.

30.03.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL To

1. The Judicial Magistrate, Thiruchendur.