IRULAYEE Vs. STATE

JUDGEMENT

(1.) THE petitioners/accused Nos. 1 to 3 in C.C.No. 434/2004 on the file of the Judicial Magistrate Court, Arupukottai filed this petition seeking to quash the proceedings pending against them for the offence punishable under Sections 294 (b) and 452 I.P.C.

(2.) THE learned counsel for the petitioners would submit that originally the FIR was registered for the offences under Sections 323, 294 (b) and 452 I.P.C. But the respondent police filed the final report only under Sections 294(b) and 452 I.P.C. THE occurrence is said to have taken place on 29.10.2004. But the FIR was registered only on 5.11.2004. THEre was a delay of 7 days.

(3.) HEARD the learned Additional Public Prosecutor. He would submit that since the de facto complainant decided to solve the problem before the panchayat, there was a delay of 7 days in preferring the complaint.