S.I. Of Police v. Murugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Suo Motu TR.(MD).No.2908 of 2025 (C.C.No.455 of 2016 on the file of the Judicial Magistrate Court No.I, Tirunelveli Taluk, Tirunelveli ) The Sub Inspector of Police, Palaiyamkottai Police Station, Tirunelveli District.

... Petitioner Vs.

1.Murugan 2.Ganeshwari ... Respondent Upon perusing the documents and case records of the above C.C.No.455 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 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, 1/5

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.455 of 2016 on the file of the learned Judicial Magistrate Court No.I, Tirunelveli Taluk, Tirunelveli, as Suo motu Special Tr.Case.(MD) No.2908 of 2025 in Suo Motu W.P.(Crl.).(MD).No.1014 of 2025, upon proper scrutinity 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 nine years without any precedent value in this pilot project.

3. Brief facts of the prosecution case in C.C.No.455 of 2016 :

On 21.06.2016, at about 05.30 p.m, the accused is alleged to have committed the theft of Rs.200/-. Therefore, a case was registered in Crime No.729 of 2016 for the offence punishable under Section 379 of IPC and on investigation, final report filed and the same was taken on file in C.C.No.455 of 2016 and the same was pending without trial for more than nine years.

2/5

4.Discussion:

4.1.The occurrence is of the year 2016. Since the accused is belong to narikuravar community, the Investigating Agency is unable to secure him. Hence, non-bailable warrant has been issued against him and the same is pending. The accused in custody for a period of 30 days and he has not involved in further offence. The victim appeared before this court and he has not interested in prosecuting the case. Despite the best efforts made by the investigating agency, the accused has not been secured for more than nine years, and the identity of the accused remains in question. Even if the accused were secured and a trial would have been conducted, the chance of conviction is bleak, and the case has been pending from 2016 onwards, and the right to a speedy trial under Article 21 of the Constitution of India has also been impinged. This court is inclined to 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.455 of 2016 on the file of the learned Judicial Magistrate Court No.I, Tirunelveli, Tirunelveli Taluk, 3/5

Tirunelveli, is hereby quashed.

18.09.2025 dss 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.

4/5

K.K.RAMAKRISHNAN ,J.

dss Order made in SUO MOTU TR.(MD).No.2908 of 2025 18.09.2025 5/5