Si Of Police, Pasupathipalayam P.S., v. S.Nagaraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 19.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Suo Motu TR.(MD).No.1225 of 2025 (C.C.No.700151 of 2016 on the file of the Judicial Magistrate No.I Court, Karur Taluk, Karur District) The Inspector of Police, Pasupathipalayam Police Station, Karur District.

... Petitioner Vs.

1. Manikandan

2. S.Nagaraj ... Respondent Upon perusing the documents and case records of the above C.C.No.700151 of 2016 transmitted to this Court and hearing the arguments of Mr.S.Ravi, learned Additional Public Prosecutor, on behalf of the State and hearing the jurisdiction probation officer this Court passes the following

ORDER

Prelude:

"This dedicated bench is for implementing the pilot project to 1/5

identify and dispose of criminal cases involving offences punishable with imprisonment up to 3 years pending at trial, appeal or revision stage for more than 3 years and also offences like Section 506(ii) of IPC and others, which may carry a punishment of more than 3 years in the state of Tamil Nadu with reference to the 14 Districts coming under the Madurai Bench of Madras High Court".

2. This Dedicated Bench has taken the C.C.No.700151 of 2016 on the file of the learned Judicial Magistrate No.I Court, Karur Taluk, Karur District as Suo motu Special Tr.Case.(MD) No.1225 of 2025 in Suo Motu W.P.(Crl.).(MD).No.1014 of 2025, upon proper scrutiny and suitability as a fit case warranting the exercise of power under section 482 of Cr.P.C. to quash the said C.C., pending more than ten years without any precedent value in this pilot project.

3. Brief facts of the prosecution case in C.C.No.700151 of 2016 :

On 25.01.2007 the accused are alleged to have to committed theft of two wheeler belonging to the defacto complainant. Therefore, a case was registered in Crime No.52 of 2007 for the offence punishable under Section 379 of IPC and on investigation, final report filed and the same 2/5

was taken on file in C.C.No.700151 of 2016 and the same was pending without trial for more than ten years.

4.Discussion:

4.1.The incident occurred in the year 2016. The victim has received the stolen article and he has not interested in prosecuting the case and both accused and the recovery witness where about not known. Non bailable warrant is pending for the past four years. Despite the best efforts made by the investigating agency, the accused has not been secured till now. Even if the accused secured and trial would have been conducted, the chance of conviction is bleak and case is pending from 2016 onwards and the right of speedy trial under Article 21 of the Constitution of India also impinged, this court inclined the quash the matter by exercise the power under section 482 of the Code of Criminal Procedure. 5.Accordingly, this Suo Motu Special Tr.(MD). case stands closed on the following terms:

5.1. The case in C.C.No.700151 of 2016 on the file of the learned Judicial Magistrate No.I Court, Karur Taluk, Karur District is hereby quashed.

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19.09.2025 TM electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

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K.K.RAMAKRISHNAN ,J.

TM Order made in SUO MOTU TR.(MD).No.1225 of 2025 19.09.2025 5/5