V MEENAKSHISUNDARAM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petitioner approaches this Court to call for the records relating to C.C.No.71 of 2008 on the file of Judicial Magistrate No.1, Sivaganga and to quash the same.

(2.) The case of the petitioner is that on the basis of the complaint given by the 2nd respondent/defacto complainant alleging that his 16 goats were missing on 07.01.2004 and all the accused are responsible for the same, a case has been registered in Crime No.119 of 2004 for the offence under Section 379 I.P.C against the petitioner/A2 and others; the complaint has been given on 06.05.2004 i.e. after 4 months from the date of occurrence; the 2nd respondent has not given the petitioner's name in the complaint. The occurrence has been taken place on 07.01.2004, but the charge sheet has been filed and take on file in C.C.No.71 of 2008 on 28.04.2008 after 4 years, which is barred under Section 468 Cr.P.C.; no averments as against the petitioner, hence, he prayed for the quashing the case against the petitioner. He relied upon the decisions of the Apex Court and this Court.

(3.) The learned Government Advocate would submit that the complaint has been filed on 06.05.2004 and final report has been prepared on 18.04.2006 and the same was produced before the Court on 05.06.2006, which was taken on file on 28.04.2008; the charge sheet has been filed within three years from the date of occurrence and hence, he prayed for the dismissal of the application.