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2026 Supreme(Online)(Mad) 39114
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
P.Rayan Raj – Appellant
Versus
State – Respondent
Crl.M.P.Nos.6139 & 6140 of 2026|CC.No.488 of 2025|Crime No.291 of 2023
For the Appellants/Petitioners: Mr.G.Krishnamurthy
For the Respondents: M/S. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PP for R1
Delay in charge sheet filing is a factual issue for trial, not grounds for quashing proceedings.
Headnote:The petition was filed under Section 528 BNSS to quash CC.No.488/2025 for offences under Sections 279 and 304(A) IPC due to alleged delay in filing the charge sheet after FIR registration on 13.05.2023. Facts involve the petitioner riding a bike rashly and negligently, hitting the victim, confirmed by witnesses. Court found the delay point factual, to be decided at trial, and refused to quash. Issues framed around delay in charge sheet filing relative to punishment periods. Ratio: Factual disputes like investigation delays are for trial court; charge sheet filed promptly post-investigation on 13.06.2023. Accordingly, this Criminal Original Petition is dismissed.
| Table of Content |
|---|
| 1. petition challenges delay in charge sheet for rash driving offences. (Para 1 , 2) |
| 2. prosecution defends prompt investigation and filing. (Para 3) |
| 3. delay issues factual, for trial; petition dismissed. (Para 4) |
ORDER
The petitioner / accused facing trial in C.C.No.488/2025 for the offences under Section 279, 304 (A) IPC had filed this petition on the ground of delay.
2. The contention of the petitioner is that for the offence punishable under Section 279 IPC, the punishment is six months and for the offences punishable under Section 304(A) IPC, the punishment is three years. In this case FIR has been registered on 13.05.2023 and charge sheet has been filed with a delay of more than two years. Hence filed this quash petition.
3. Learned Additional Public Prosecutor submitted that in this case after investigation, charge sheet was made ready on 02.06.2023 and filed before the trial Court on 13.06.2023. The occurrence had taken place on 13.05.2023 and the investigation has been completed and the trial Court, considering all the facts of the case, had taken the charge sheet on file and issued summons to the petitioner. The petitioner rode the bike in a rash and negligent manner and hit the victim which has been confirmed by two witnesses and thereafter, only charge sheet has been filed.
4. The points raised by the petitioner are factual which are to be decided during trial. Considering the facts and circumstances of this case, on the point of delay in filing the charge sheet, this case cannot be questioned and it is for the petitioner to raise that point at the time of trial before the trial Court.
