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2026 Supreme(Online)(Mad) 40441

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Jagadish Chandira, J
B.Valarmathi – Appellant
Versus
The State Rep By The Inspector of Police – Respondent
Criminal Original Petition No.6400 of 2026



Advocates:
For the Appellants/Petitioners:
For the Respondents:Government Advocate (Crl. Side)

Criminal proceedings must be quashed if the final report is not filed within the period of limitation prescribed under Section 468 of the Code of Criminal Procedure for offences punishable with imprisonment of up to one year.

Headnote:The case involves a challenge to an FIR registered under Section 189(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 41 of the Tamil Nadu City Police Act, 1888, concerning an unlawful assembly. The court observed that the maximum punishment for the alleged offences does not exceed one year. Referring to the limitation periods prescribed under the Code of Criminal Procedure, 1973, particularly the failure to file a final report within the mandated statutory timeline, the court found the proceedings untenable. The primary issue was whether the criminal proceedings could continue despite the expiration of the limitation period for filing the final report. The Court applied the ratio regarding statutory bars on cognizance, finding that since the investigation failed to conclude within the period specified under the Code of Criminal Procedure, the continuation of the criminal process violates the mandatory limitation provisions. The criminal original petition stands allowed and the impugned proceedings are quashed in their entirety.

Table of Content
1. summary of facts regarding the registration of the fir and associated punishments. (Para 1 , 2 , 3)
2. application of statutory limitation periods for filing final reports to justify quashing. (Para 4 , 5 , 6)

O R D E R

This criminal original petition has been filed seeking quashment of the F.I.R. in Crime No.130 of 2025, on the file of the 1st respondent Police.

2. Based on the complaint lodged by the 2ndrespondent, the Sub- Inspector of Police, attached to the 1strespondent police station, alleging that the petitioner, who belongs to a political party, without obtaining prior permission, had unlawfully assembled near Panagal Maligai, Saidapet, with more than 500 party members, and conducted a protest against the speech made by Minister Ponmudi with derogatory remarks about women, a case in Crime No.130 of 2025 was registered on 16.04.2025 for the offences under Section 189(2) of the BNS and Section 41 of the Tamil Nadu City Police Act, 1888, which is now sought to be quashed.

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

Sections Punishment

189(2) of BNS Imprisonment may extend to six months, or with fine or with both

41(6) of TN City Imprisonment may extend to one month, or with fine, Police Act or with both

4. For the punishments set out at 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 been filed within one year from the date of registration of FIR. This position is admitted by the learned Government Advocate (Crl. Side) appearing for the 1st respondent as well.

5. Ergo, on the aforesaid solitary ground, the impugned proceedings is liable to be quashed and it is accordingly quashed in its entirety.

6. As a sequel, this criminal original petition stands allowed.

Connected criminal miscellaneous petition is closed.

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