State Of Tamilnadu Rep By Si Of Police, Kanniyakumari v. Jesus Bharath

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 19.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN (C.C.No.900149 of 2018 on the file of the Judicial Magistrate No.I, Nagercoil, Kanniyakumari) The Sub Inspector of Police, Kanniyakumari.

... Petitioner Vs.

Jesus Bharath ... Respondent Upon perusing the documents and case records of the above C.C.No.900149 of 2018 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 1/5

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.900149 of 2018 on the file of the Judicial Magistrate No.I, Nagarcoil, Nagercoil Taluk as Suo motu Special Tr.Case.(MD) No.13069 of 2025 in Suo Motu W.P. (Crl.).(MD).No.1014 of 2025, upon proper scrutinity this court feels that it is a fit case for warranting the exercise of power under Article 226 of Constitution of India to quash the said C.C., which is pending for more than seven years without any progress.

3.Brief facts of the prosecution case in C.C.No.900149 of 2018: On 12.07.2018, at about 19.00 hours, the accused persons threatened the defacto complainant by showing knife and also robbed a sum of Rs.200/-. Therefore, a case was registered in Crime No.186 of 2018 for the offences punishable under Sections 387 and 506(ii) IPC and on investigation, final report was filed and the same was taken on 2/5

file in C.C.No.900149 of 2018 on the file of the Judicial Magistrate No.I, Nagarcoil, Nagercoil Taluk. Thereafter, the Investigating officer is not able to secure the accused for the past 7 years. Apart from that recovery witness is also not available.

4.Discussion:

4.1. Both the complainant and the Inspector of Police appeared before this Court and the defacto complainant stated that he is not interested in pursuing the case, including identifying the accused. 4.2. In view of the facts and circumstances, this Court is inclined to quash C.C.No.900149 of 2018,by exercising the power under section 482crpc as it is improbable that the accused will be convicted. 4.3. Accordingly, C.C.No.900149 of 2018 on the file of the Judicial Magistrate No. I, Nagercoil, Nagercoil Taluk, is quashed, and this Suo Motu Transfer case stands closed.

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19.09.2025 trp 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.

trp Order made in 19.09.2025 5/5