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CDJ 2026 MHC 6070 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : WP. Crl. No. 751 of 2026
Judges: THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYAN
Parties : Thotharaman Versus The Deputy Commissioner of Police, Chennai & Another
Appearing Advocates : For the Petitioner: M. Jaikumar, Advocate. For the Respondents: R. Ganesh Kumar, Counsel for Government of Tamilnadu, (Crl. Side).
Date of Judgment : 03-08-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition (Criminal) filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or direction in the nature of Writ directing the 1st respondent to issue a No Objection Certificate (NOC) or any other appropriate certificate certifying that the First Information Report registered in Crime No.594 of 2002 dated 07.05.2002, for the alleged offences under Sections 120B, 468, 471, 420 read with 109 IPC, has not been proceeded with/no further action has been taken against Mr.Thotharaman S/o.Alagesan, and the said FIR as closed or action dropped and thus render justice and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.)

1. This Writ Petition (Criminal) has been filed seeking a direction to the first respondent to issue a No Objection Certificate stating that no further action is pending in Crime No.594 of 2002, dated 07.05.2002, registered for the alleged offences under Sections 120-B, 468, 471 and 420 read with Section 109 of the Indian Penal Code.

2. The petitioner is the accused in Crime No.594 of 2002, dated 07.05.2002, registered for the alleged offences under Sections 120-B, 468, 471 and 420 read with Section 109 of the Indian Penal Code. Pursuant to the registration of the said FIR, the petitioner, who was working as a Group-D employee in the office of the Sub-Divisional Engineer, Extl-III, BSNL, was placed under suspension with effect from 07.05.2002. Thereafter, he was reinstated in service. The petitioner is now nearing the age of superannuation. In view of the same, his Department has sought the status of the criminal case pending against him.

3. The learned Government Advocate (Crl.Side), appearing for the respondents, on instructions, submitted that no records pertaining to Crime No.594 of 2002 are available in the office of the second respondent. It is further submitted that the petitioner had also approached the trial Court seeking copies of the relevant documents and the status of the FIR registered in Crime No.594 of 2002.

4. Thus, there is no material available before this Court to establish that any further investigation has been conducted or that any final report has been filed in the said crime. The FIR has remained pending for more than 24 years. Such an inordinate and unexplained delay cannot be permitted to operate to the prejudice of the petitioner, particularly when he is nearing his date of superannuation.

5. Mere pendency of an FIR for such a prolonged period, without any material to show that the investigation has been completed or that a final report has been filed, cannot, by itself, be permitted to impede the petitioner from obtaining his retirement benefits in accordance with law.

6. Further, the FIR was registered on 07.05.2002 for the alleged offences under Sections 120-B, 468, 471 and 420 read with Section 109 of the Indian Penal Code. Having regard to the nature of the offences alleged and the period that has elapsed, any further action on the basis of the said FIR would be subject to the law relating to limitation and the other applicable provisions of law. In the absence of any material to show that a final report has been filed within the prescribed period or that the delay is otherwise legally sustainable, continuation of the proceedings at this stage would serve no useful purpose.

7. In view of the above facts and circumstances, this Court is of the considered view that the FIR registered in Crime No.594 of 2002, dated 07.05.2002, for the alleged offences under Sections 120-B, 468, 471 and 420 read with Section 109 of the Indian Penal Code, cannot be permitted to remain pending indefinitely and is liable to be quashed.

8. Accordingly, the FIR registered in Crime No.594 of 2002, dated 07.05.2002, for the alleged offences under Sections 120-B, 468, 471 and 420 read with Section 109 of the Indian Penal Code, is hereby quashed.

9. The Department of the petitioner is directed to act accordingly and proceed with the petitioner's retirement in accordance with law.

10. With the above directions, this Writ Petition (Criminal) is allowed. No costs
 
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