The S.I Of Police, Town P.S v. Anbalagan.

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.5092 of 2025 (C.C.No.32 of 2020 on the file of the Judicial Magistrate No.I Court, Pudukkottai, Pudukkottai District) The Inspector of Police, Pudukkottai Police Station, Pudukkottai District.

... Petitioner Vs.

Anablagan ... Respondent Upon perusing the documents and case records of the above C.C.No.32 of 2020 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.32 of 2020 on the file of the learned Judicial Magistrate No.I Court, Pudukkottai, Pudukkottai District as Suo motu Special Tr.Case.(MD) No.5092 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 five years without any precedent value in this pilot project.

3. Brief facts of the prosecution case in C.C.No.32 of 2020 :

On 05.06.2020, the accused are alleged to have to committed theft of some groceries worth about Rs.500/- belonging to the defacto complainant. Therefore, a case was registered in Crime No.984 of 2020 for the offence punishable under Section 380 of IPC and on investigation, final report filed and the same was taken on file in C.C.No. 2/5

32 of 2020 and the same was pending without trial for more than five years.

4.Discussion:

4.1.The incident occurred in the year 2020. The victim has received compensation and he has not interested in prosecuting the case and both accused and the recovery witness where about not known. Non bailable warrant also pending against the accused for more than five years. Even if the accused secured and trial would have been conducted, the chance of conviction is bleak and case is pending from 2020 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.32 of 2020 on the file of the learned Judicial Magistrate No.I Court, Pudukkottai, Pudukkottai District is hereby quashed.

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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.5092 of 2025 19.09.2025 5/5