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Madras High CourtSUO MOTU TR(MD)/12205/2025closed

Si Of Police Siruganur v. Suresh @ Sureshkumar

2025-09-16Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Suo Motu Tr.(MD) No.12205 of 2025 (P.R.C.No.8 of 2015 on the file of the Judicial Magistrate Court, Lalgudi, Trichy District) State Rep. by The Sub Inspector of Police, Siruganur Police Station, Trichy District.

In Cr.No.67/2015 ... Petitioner Vs.

1. Suresh @ Sureshkumar

2. Raja @ Nagaraja

3. Rajkumar

4. Mani @ Vijay

5. Perumal ... Respondents Upon perusing the documents and case records of the above P.R.C.No.8 of 2015 on the file of the Judicial Magistrate Court, Lalgudi, Trichy District for offence under sections 4(1)(a) and 4(1-A) of TNP Act transmitted to this Court and hearing the arguments of Mr.S.Ravi, learned Additional Public Prosecutor, on behalf of the State, 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 , 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 P.R.C.No.8 of 2015 on the file of the Judicial Magistrate Court, Lalgudi, Trichy District as Suo motu Special Tr.Case. (MD) No.12205 of 2025 in Suo Motu W.P.(Crl.).(MD).No.1014 of 2025, upon proper scrutinity and considering its suitability that it is a fit case warranting the exercise of power under 482 of Cr.P.C. to quash the said PRC., which is pending for more than 10 years without any progress.

3.Brief facts of the prosecution case:

The allegation in this case is that on 26.02.2015, accused was in possession of the number of liquor bottles without license and permission and hence the case was

registered in Cr.No.67 of 2015 for offence under section 4(1)(a), 4(1-A) of TNP Act and final report filed before the Judicial Magistrate Court, Lalgudi, Trichy District and the same was taken on file P.R.C.No.8 of 2015.

4. Discussion:

The seized quantity is within the permission limit for personal consumption as described under the Tamilnadu Liquor (Possession for Personal Consumption) Rules 1996 and hence this court finds no incriminating circumstances to continue the trial against the accused. Therefore no offence has been made out under the above said penal provisions of the Tamilnadu Prohibition Act. Further this case also pending more than 3 years. Considering the factual and matrix and context, no useful purpose will be served by keeping the matter pending. Therefore this court is inclined to exercise the inherent power under section 482 of Cr.P.C. to quash the proceedings.

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. Precedent Value:

The observations, discussions and decision made in this particular case can not be quoted as precedent in the cases arising in future as the decision has been taken in this suomoto writ based on factual and legal basis of this particular case.

7. Conclusion:

Accordingly, the case in P.R.C.No.8 of 2015 on the file of the Judicial Magistrate Court, Lalgudi, Trichy District is quashed. This Suo Moto Transfer case is disposed of.

16.09.2025 sbn Note to the Trial Court: This order is digitally signed and communicated 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.

K.K.RAMAKRISHNAN ,J.

sbn Order made in Suo Motu Tr.(MD) No.12205 of 2025 16.09.2025