Sip Kamuthi Ps v. Muneeshwari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 13.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Suo Motu TR.(MD).No.9476 of 2025 (C.C.No.128 of 2021 on the file of the District Munsif cum Judicial Magistrate Court, Kamudhi, Kamudhi Taluk, Ramanathapuram) The Sub Inspector of Police, Kamuthi Police Station, Ramanathapuram.

Crime No.127 of 2021 ... Petitioner Vs.

Muneeshwari ... Respondent Upon perusing the documents and case records of the above C.C.No.128 of 2021 transmitted to this Court and hearing the arguments of Mr.S.Ravi, learned Additional Public Prosecutor, on behalf of the State, this Court passed 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 in the State of Tamil Nadu with reference to the Districts coming under the Madurai Bench of Madras High Court". 2.This Dedicated Bench has taken the C.C.No.128 of 2021 on the file of the District Munsif cum Judicial Magistrate Court, Kamudhi, Kamudhi Taluk, Ramanathapuram District, as Suo motu Special Tr.Case.(MD) No.9476 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 Article 226 of Constitution of India to quash the said C.C., pending more then four years without any precedent value in this pilot project.

3.Brief facts of the prosecution case in C.C.No.128 of 2021: On 06.03.2021 at about 01.15 p.m, the accused is said to have abused the complainant and his officials in filthy language and prevented them from discharging their duty and threatened him by pouring petrole on him. Therefore, a case was registered in Crime No. 127 of 2021 for the offences punishable under Sections 186, 189, 285, 294(b), 353 and 506(2) of IPC, and on investigation, final report filed 2/5

and the same was taken on file in C.C.No.128 of 2021 and the same was pending without trial for more than four years. 4.Discussion:

This Court perused the entire records and finds that there was no material to frame the charges for the offences punishable under Sections 186, 189, 285, 294(b), 353 and 506(2) of IPC. Apart from that, the case is pending from the year 2021 onwards and the right of speedy trial under Article 21 of the Constitution of India also impinged, this court is inclined to quash the matter by exercise the power under section 482 of the Code of Criminal Procedure.

5 . Observation:

This Court suo motu called for the records and exercised its power under Section 482 Cr.P.C. and quash the same and hence this verdict does not confer any right to any of the accused or any party to file a case against the Investigating Agency for the malicious prosecution or claim damages. 6 . P recedent Value:

The observations, discussions and decision made in this particular 3/5

case cannot be quoted as precedent in the case arising in future as the decision has been taken in this suo moto writ based on factual and legal basis of this particular case.

7. Conclusion:

Accordingly, this Suo Motu Transfer case stands disposed of and the C.C.No.128 of 2021 on the file of District Munsif cum Judicial Magistrate Court, Kamudhi, Kamudhi Taluk, Ramanathapuram, is quashed.

13.10.2025 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.

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K.K.RAMAKRISHNAN ,J.

dss Order made in SUO MOTU (MD).No.9476 of 2025 13.10.2025 5/5