State Of Tamilnadu Rep By Si Of Police, Vadasery v. Asrap

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 13.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN (C.C.No.522 of 2011 on the file of the Judicial Magistrate Court No.II, Nagercoil, Nagercoil Taluk, Kanniyakumari) The Sub Inspector of Police, Vadasery Police Station, Kanniyakumar District.

... Petitioner Vs.

Asrap ... Respondent Upon perusing the documents and case records of the above C.C.No.522 of 2011 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 imprisonment up to 3 years pending at trial, appeal or revision stage for more than 3 years and also offences like Section 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 1/5

Madurai Bench of Madras High Court."

2.This Dedicated Bench has taken the C.C.No.522 of 2011 on the file of the Judicial Magistrate Court No.II, Nagercoil, Nagercoil Taluk, Kanniyakumari, as Suo motu Special Tr.Case.(MD) No.12889 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 Article 226 of Constitution of India to quash the said S.C., which is pending for more than fourteen years without any progress. 3.Brief facts of the prosecution case in C.C.No.522 of 2011 According to the prosecution, On 25.08.2011 at about 7.30 p.m., the accused was found in illegal possession of 4 numbers of DVD Cassettes for sale. Therefore, a case was registered in Crime No.1990 of 2011 for the offence punishable under sections 51(b)(i)(ii) r/w 63 of Copy Write Act. On investigation, final report was filed and the same was taken on file in C.C.No.522 of 2011 and the same is pending without trial for more than three years.

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4. Discussion :- It is submitted that the accused has no other antecedents and also regularly appeared before the Court. The case is pending from 2011 onwards. This court is inclined to quash the matter by exercise the power under section 482 of the Code of Criminal Procedure.

5. Conclusion:- This Court perused the averments made in the affidavit. This Court finds no material to frame the charges against the accused. Hence, considering the pendency of the case for more than fourteen years and also the accused is regularly appearing before the Court, this Court is inclined to quash the proceedings.

6. Accordingly, this Suo Motu Special Tr.(MD). case stands closed on the following terms:

6.1. The case in C.C.No.522 of 2011 on the file of the Judicial Magistrate Court No.II, Nagercoil, Nagercoil Taluk, Kanniyakumari, is hereby quashed.

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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 TR.(MD).No. 12889 of 2025 13.10.2025 5/5