M S JOTHIMANI Vs. STATE

JUDGEMENT

(1.) 1.(Prayer : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records relating to C.C.No,6031 of 2008 on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai and to quash the same.The petitioner, who has been arrayed as A1 out of seven accused for the alleged offences under Sections 147, 341, 323 and 354 of IPC has come forward with this petition seeking for the relief of quashing the proceedings pending in C.C.No,6031 of 2008 on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai.

(2.) LEARNED counsel appearing for the petitioner submitted that the charge sheet was filed in this case after the expiry of the period of limitation as per the provision under Section 468 (2)(c) of Cr.P.C. for the offences under Sections 341, 352 of IPC read with Section 4 of Women Harassment Act. It is further submitted by the learned counsel that as per the said provision, the charge sheet in this case ought to have been filed before the expiry of three years, but the same was filed only on 13.10.2008 after the expiry of three years as the First Information Report was registered in this case on 11.08.2005 and as such, there was a delay of two months in filing the charge sheet in this case. It is also contended that though a condone delay petition was filed by the respondent police, the same was not filed properly in accordance with law and the respondent has not even filed any affidavit by assigning valid reasons for condoning the delay in filing the final report in this case.

(3.) I have carefully considered the rival contentions put forward by either side and perused the materials available on record.