BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 18.11.2025 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN (C.C.No.599 of 2009 on the file of the Judicial Magistrate Court, Sankarankovil, Tenkasi District)

The Inspector of Police, Kuruvikulam Police Station, Sankarankovil, Tirunelveli District.

(Crime No.208 of 2004) ... Petitioner Vs.

Savithiri ... Respondent Upon perusing the documents and case records of the above C.C.No.599 of 2009 on the file of the learned Judicial Magistrate Court, Sankarankovil, Thirunelveli District for offence under Sections 420 @ 147, 451, 385 and 420 of IPC r/w 149 of IPC transmitted to this Court and hearing the arguments of Mr.S.Ravi, learned Additional Public Prosecutor, assisted by Mr.M.Sakthikumar, Government Advocate Criminal Side 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 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 Madurai Bench of Madras High Court.”

2.This Dedicated Bench has taken the C.C.No.599 of 2009 on the file of the Judicial Magistrate, Sankarankovil Taluk, Tirunelveli, as Suo motu Special Tr.Case.(MD) No.23697 of 2025 in Suo Motu W.P. (Crl.).(MD).No.1014 of 2025, upon proper scrutiny 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 C.C., without any progress.

3.Brief facts of the prosecution case in C.C.No.509 of 2009:

According to the prosecution, the accused in C.C.No.509 of 2009 and the accused in C.C.No.28 of 2006 are said to have committed offences under Sections 420 @ 147, 451, 385 and 420 of IPC r/w 149 of IPC Therefore, a case was registered in Crime No.208 of 2004. The trial was conducted against some other accused persons in C.C.No.28 of 2006. The learned trial Judge considering the available evidence acquitted the accused on the ground that the prosecution failed to prove the cases against the co-accused person in that parent case. Now the case is pending against the present remaining accused in C.C.No.599 of 2009 on the file of the learned Judicial Magistrate Court, Sankarankovil, Tirunelveli District.

4.Now, the question is as to whether in the face of the Judgment of acquittal against the other accused, the co-accused should still be tried in C.C.No.599 of 2009 on the file of the learned Judicial Magistrate Court, Sankarankovil, Tirunelveli District.

5.Discussion:

It is well settled principle that when the evidence is inseparable and indivisible against all the accused and as the main accused in the parent case were acquitted, continuation of trial against the remaining accused without chance of conviction cannot be allowed and the same has been fortified by the following precedents: