ANDI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS criminal original petition has been filed, praying to quash the case registered in Crime No. 108 of 2007 under Sections 294 (b), 427 and 447 of Indian penal Code.

(2.) IT is stated in the petition that one Vellaikalai, a resident of avichipatti Village, Natham Taluk, Dindigul District, has lodged the complaint in question and the same has been registered in Crime No. 108 of 2007, wherein the present petitioners have been shown as the accused. Further it is stated in the petition that the second petitioner has been arrested on 02. 03. 2007 and even though the complaint in question has been registered in Crime No. 108 of 2007 on 01. 03. 2007, the respondent has not filed the requisite final report within six months from the date of arrest of the second petitioner i. e. , on 02. 03. 2007, as contemplated in Section 167 (5) of the Code of Criminal Procedure. Under the said circumstances, the present petition has been filed so as to quash the case registered in Crime No. 108 of 2007.

(3.) THE learned counsel appearing for the petitioners has strenuously contended that the complaint in question has been registered in Crime No. 108 of 2007 on 01. 03. 2007 under Sections 294 (b), 427 and 447 of Indian Penal Code and the second petitioner has been arrested on 02. 03. 2007 and from 02. 03. 2007, as per Section 167 (5) of the Code of criminal Procedure, the respondent ought to have filed a final report within six months, but, the respondent has not done it and under the said circumstances, the entire case registered in Crime No. 108 of 2007 is liable to be quashed.