State Government v. Mohan Alias Mohanraj

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.3229 of 2025 (C.C.No.170 of 2023 on the file of the District Munsif cum Judicial Magistrate Court, Ponnamaravathy, Pudukkottai District) The Inspector of Police, Thirumayam All Women Police Station, Pudukkottai District.

... Petitioner Vs.

Mohan @ Mohanraj ... Respondent Upon perusing the documents and case records of the above C.C.No.170 of 2023 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 1/5

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.170 of 2023 on the file of the learned District Munsif cum Judicial Magistrate Court, Ponnamaravathy, Pudukkottai District as Suo motu Special Tr.Case. (MD) No.3229 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 three years without any precedent value in this pilot project.

3. Brief facts of the prosecution case in C.C.No.170 of 2023 :

In the year 2004 the accused cheated the defacto complainant. Therefore, a case was registered in Crime No.3 of 2004 for the offence punishable under Sections 417 an 420 of IPC and on investigation, final report filed and the same was taken on file in C.C.No.133 of 2005 on the file of learned Judicial Magistrate, Thirumayam and the same was 2/5

transferred to the learned District Munsif cum Judicial Magistrate, Ponnamaravathy and renumbered as C.C.No.170 of 2023 and the same was pending without trial for more than three years. 4.Discussion:

4.1.The incident occurred in the year 2005. The learned Additional Public Prosecutor would submit that they have received information from the reliable sources as to the accused said to have died. But, investigating agency unable to get the certificate for the same. The non bailable warrant is pending against the accused for more than 20 years. The case is pending from 2005 onwards and the right of speedy trial under Article 21 of the Constitution of India also impinged, this court inclined the close 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.170 of 2023 on the file of the learned District Munsif cum Judicial Magistrate Court, Ponnamaravathy, Pudukkottai District is hereby closed.

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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.3229 of 2025 19.09.2025 5/5