Crl.R.C.No.435 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.03.2025 CORAM: THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.435 of 2025 1. Muthusamy S/o.Selambara Gounder 2. Venkatesan S/o.Komarasamy Gounder 3. Velusamy S/o.Komarasamy Gounder 4. Krishnasamy S/o.Karuppana Gounder 5. Subbaiyan S/o.Rangaiya Gounder 6. Velliyangiri S/o.Kuppanna Gounder 7. Gunasekaran S/o.Palanisamy 8. Karuppusamy S/o.Natchimuthu Gounder 9. Somasundharam S/o.Sellappa Gounder 10. Balachandran S/o.Karuppanan 11. Velusamy S/o.Sengaliyappa Gounder 12. Venkatachalam S/o.Subramaniyam Page No.1/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.435 of 2025 13. Munusamy S/o.Magali Gounder 14. Subramani S/o.Chennimalai Gounder 15. Nataraj S/o.Pongiya Gounder 16. Subramaniyan S/o.Marappa Gounder 17. Sathish S/o.Marappan 18. Marappa Gounder S/o.Karuppa Gounder 19. Subramani S/o.Ramasamy Gounder 20. K.P.Palanisamy S/o.Periya Bomma Naicker 21. P.Murugesan S/o.Palaniyappa Naicker 22. K.P.Mahendran S/o.Chinna Bomma Naicker 23. K.P.Jeganathan S/o.Palaniyappa Naicker 24. Chinnasamy S/o.Dhimma Naicker 25. Kanagaraj S/o.Periya Chinna Naicker 26. Chinnaraj S/o.Betha Naicker 27. Velusamy S/o.Rakkiya Gounder 28. Sundhara Vadivel S/o.Nataraj 29. Selvan S/o.Subramani 30. Subramaniyam S/.Palani Gounder 31. Chinnasamy Page No.2/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.435 of 2025 S/o. Marappa Gounder 32. Amulraj S/o.Ranga Naicker 33. Rangasamy S/o.Aarappa Gounder 34. K.C.Bommaiyan S/o.Chinna Chenna Naicker 35. D.Chandrasekaran S/o.Duraisamy 36. Selvan S/o.Nanja Naicker 37. Muthusamy S/o.Chinna Bomma Naicker 38. K.C.Mara Naicker S/o.Chinna Chenna Naicker 39. Ragunathan S/o.Mallu Naicker 40. Rangasamy Naicker S/o.Ranga Naicker ... Petitioners ..vs.. State Rep. by The Inspector of Police, Sathyamangalam Police Station, Erode District, Crime No.70 of 2018. ... Respondent Criminal Revision Case filed under Sections 438(1) read with 442 of BNSS, 2023, to set aside the order passed in Crl.M.P.No.1280 of 2024 on the file of the learned Judicial Magistrate, Sathyamangalam dated 24.12.2024. For Petitioners : Mr.S.N.Arunkumar Page No.3/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.435 of 2025 For Respondent : Mr.S.Sugendran Additional Public Prosecutor O R D E R This Criminal Revision Petition has been filed against order dated 24.12.2024 passed in Crl.M.P.No.1280 of 2024 on the file of the Judicial Magistrate, Sathyamangalam. 2. Learned counsel for the petitioners submitted that a case in Crime No.70 of 2018 was registered against the petitioners herein and four others for the offences punishable under Sections 143, 341 and 447 IPC. The petitioners herein are A1 to A10, A12 to A25, A27 to A30 and A32 to A43 and the remaining accused i.e., A11, A26, A31 and A44 are dead. The maximum punishment for the aforesaid offences is imprisonment upto one month, six months and three months. He further submitted that the respondent-Police registered the F.I.R in Crime No.70 of 2018 on 15.02.2018, whereas, they have laid a charge-sheet only on 15.03.2021 and the same was taken on file in S.T.C.No.385 of 2021 on 23.03.2021. As per the limitation, from the date of registration of the complaint, the charge-sheet has to be filed within a period of one year. Page No.4/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.435 of 2025 However, in this case, the respondent-Police filed the charge sheet after the lapse of the prescribed period of limitation i.e., on 15.03.2021, which is barred by limitation under Section 468 Cr.P.C. Therefore, the petitioner filed a petition invoking Section 468 Cr.P.C., seeking to dismiss the case as against the petitioners. However, the learned Magistrate failed to consider the above said facts and referred the decision of this Court in Kishore Vs. The State Represented by its dated 13.07.2023 in Crl.R.C.(MD).No.614 of 2023 and Crl.M.P.(MD).No.8781 of 2023 and dismissed the petition on 24.12.2024. Challenging the same, the present petition has been filed by the petitioners/accused. 3. Learned Additional Public Prosecutor appearing for the respondent-Police, on instructions, submitted that in the year 2020, due to Covid-19 Pandemic situation, the Honourable Apex Court granted exemption for filing legal proceedings and also relaxed the period of limitation between 15.03.2020 and 14.03.2021 and the period of limitation starts from 15.03.2021. In the present case, the respondent- Police filed the charge-sheet on 15.03.2021, which is not barred by limitation. Page No.5/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.435 of 2025 4. Admittedly, the charge sheet was filed against the petitioners for the offences under Sections 143, 341 and 447 IPC and punishment for the said Sections comes below the sentence of one year simple imprisonment. Originally, the case was registered in Crime No.70 of 2018 on 15.02.2018 and charge-sheet/final report has to be filed within a period of one year. 5. No doubt, the Honourable Apex Court granted exemption and relaxed the limitation from 15.03.2020 and 14.03.2021. However, the charge sheet in Crime No.70 of 2018 ought to have been filed on or before 14.02.2019. It is seen from the records that in the present case, the respondent-Police filed the charge-sheet on 15.03.2021. The limitation period ended one year before the Pandemic situation. The investigating officer, without applying his mind, filed the charge sheet after lapse of the limitation period. The learned Magistrate, in turn, failed to consider the legal provisions and referred the decision of this Court and dismissed the petition. However, the decision cited supra is not applicable to the facts of this case. Page No.6/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.435 of 2025 6. This is not a first case. In most of the cases, the investigating officers, without applying their mind, conducted the investigation and filed charge sheet which was neither in time, nor fair and they are conducting the investigation on the whims and fancies for the reasons best known to them. Either it may be due to corruptive practice or pressure from the external force, they are not conducting fair investigation or not filing charge sheet in time. 7. Considering the facts and circumstances and also considering the submissions of both sides, this Court finds that the order passed by the learned Magistrate in Crl.M.P.No.1280 of 2024 dated 24.12.2024 is liable to be set aside and accordingly set aside. The case registered against the petitioners/accused is dismissed under Section 468 Cr.P.C. 8. In view of the above, this Criminal Revision Petition is allowed. 17.03.2025 Index: Yes/No Speaking Order/Non Speaking Order Neutral Case Citation : Yes / No ms To Page No.7/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.435 of 2025 1. The Judicial Magistrate, Sathyamangalam. 2. The Inspector of Police, Sathyamangalam Police Station, Erode District. 3. The Public Prosecutor, High Court, Madras. Page No.8/9 https://www.mhc.tn.gov.in/judis Crl.R.C.No.435 of 2025 P.VELMURUGAN, J. ms Crl.R.C.No.435 of 2025 17.03.2025 Page No.9/9 https://www.mhc.tn.gov.in/judis