Madras High Court

CRL OP/29912/2026 of Sivaraj Vs State Rep by The Inspector of Police on 13 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

CRL OP No. 29912 of 2026 and

Crl.M.P.No.19922 of 2026

CNR: {HCMA012261522026}

Sivaraj

S/o Manivel,

South Street,

Neduvasal, Kalpadi,

Perambalur Taluk and District.

..Petitioner(s)

Vs

1. State Rep by The Inspector of Police

Maruvathur Police Station,

Permbalur District.

Crime No. 193 of 2018

2. Chinnasamy

S/o Maniyar Udaiyar,

North Street, Kalpadi,

Perambalur Taluk and District.

..Respondent(s)

Prayer: This petition is filed under section 528 of BNSS to call for the records in connection with the impugned FIR in Crime No. 193 of 2018, on the file of the 1st Respondent and quash the same, in so far as the petitioner concerned and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render Justice.

For Petitioner(s):

Mr.M.Vijayaragavan

For Respondent(s):

Mr.R.Ganesh Kumar, Additional Public Prosecutor ( Crl side) for R1

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ORDER

This Criminal Original Petition has been filed to quash the impugned FIR in Crime no.193 of 2018 pending on the file of the first respondent.

2. The case of the prosecution as per the defacto complainant is that on 04.12.2018 at about 01.00 a.m two cows belonging to him was found missing from his cattle shed which are worth about Rs.40,000/- each. On receipt of the complaint the first respondent has registered a FIR under section 379 of IPC. To quash the same the present petition has been filed.

3. Heard both sides and perused the materials available on record.

4. Admittedly the FIR was registered in the year 2018 and the first respondent has not filed a final report till date. Hence, the Court below cannot take cognizance beyond a period of 3 years as the same is hit by the provisions of Section 468 of Cr.P.C

5. On a perusal of records it is seen that the FIR is pending from the year 2018 and hit by the provisions of Section 468 of Cr.P.C, hence this Court is inclined to quash the FIR in Cr.No.193 of 2018. Accordingly this Criminal

Original Petition is allowed and the FIR in Crime No. 193 of 2018 on the file of the first respondent is hereby quashed. Consequently the connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMN To.

1. The Inspector of Police Maruvathur Police Station, Permbalur District.

2. The Public prosecutor, High Court, Madras

G.K.ILANTHIRAIYAN, J. SMN CRL OP No. 29912 of 2026 and Crl.M.P.No.19922 of 2026 15-10-2026

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