M.CHANDRAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.119 of 2016, on the file of the first respondent Police.

(2.) The learned counsel appearing for the petitioner would submit that a case as against the petitioner in Crime No.119 of 2016 pending investigation on the file of the first respondent police for the offence under Sec. 304(A) of IPC.

(3.) The case of the prosecution is that on 3/6/2016 at about 10.00 p.m., while the brother of the defacto compainant Muthu @ Balakrishnan was returning from Nambuthalai to Thondi in his two wheeler bearing regn. No.TN-65-AZ-3079 - Passion Pro near Thondi village, the petitioner/accused has driven his two wheeler bearing regn. No. TN-65-P-2334 in a rash and negligent manner and dashed against the two wheeler of the brother of the defacto complainant resulting which the brother of the defacto complainant had sustained injuries and died on the spot. Based on a complaint given by the defacto complainant, a case was registered in Crime No. 119 of 2016 on 04 06.2016 for the alleged offences under Ss. 279, 304(A) of IPC. The petitioner has filed a present petition seeking to quash the FIR on the ground that final report has not been filed before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, within a stipulated period of three years and thereby, was barred by limitation under Sec. 468 (2)(c) of Cr.P.C. The charge for the offence under sec. 304(A) of IPC for which the petitioner will be punished for a period which may extend to two years or with fine or both and that there is a specific bar under Sec. 468 of Cr.P.C. for taking cognizance for the offence under Sec. 304(A) of IPC, beyond the period of three years. The incident had occurred on 3/6/2016 and though three years lapsed the respondents have not filed final report as against the petitioner till date.