SEKAR Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is directed against the order passed in Crl.M.P.No.3796 of 2016 in C.C.No.193 of 2016 dated 09.01.2017 by the learned Judicial Magistrate No.11, Kulithalai, Karur District, dismissing the petition filed under Section 468 Cr.P.C,

(2.) It is not in dispute that one Ponnuchamy has lodged a complaint with the respondent police for the death of his son in an accident alleged to have occurred on 20.12.2011, that on the basis of the said complaint, First Information Report came to be registered in Crime No. 520 of 2011, on the file of the respondent Police against the revision petitioner for the offence under Sections 279 and 304(A) IPC, that the respondent police after investigation has laid a final report and the same was taken on file on 12.08.2016 as C.C.No.193 of 2016 on the file of the Court of the Judicial Magistrate Court No.11, Kulithalai.

(3.) It is also not in dispute that the revision petitioner / accused, after entering into appearance before the learned Judicial Magistrate No.11, Kulithalai has filed an application under Section 468 Cr.P.C, alleging that though the First Information Report was registered on 20.12.2011, the charge sheet was filed after a lapse of more than 4 years and 10 months and without getting an opinion of the Public Prosecutor, that though the Section 468 Cr.P.C, provides a limitation period of three years for filing the final report, the same was filed after expiry of the period of limitation and that therefore, the case taken on file in CC.No.193 of 2016 was liable to be dismissed. The prosecution has filed a reply objecting the petitioner's contentions and prayed for dismissal of the petition. The learned Judicial Magistrate, after conducting an enquiry, passed the impugned order on 09.01.2017 dismissing the said application. Aggrieved by the said order, the accused has come forward with the present revision.