BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 06.10.2025 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN (S.T.C.No.117 of 2019 on the file of the Judicial Magistrate Court, Nanguneri)

The Sub Inspector of Police, Radhapuram Police Station, Tirunelveli District. ... Petitioner Vs.

Azhagu ... Respondent Upon perusing the documents and case records of the above S.T.C.No.117 of 2019 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 Madurai Bench of Madras High Court.”

2.This Dedicated Bench has taken the S.T.C.No.117 of 2019 on the file of the Judicial Magistrate Court, Nanguneri, as Suo motu Special Tr.Case.(MD) No.14567 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.T.C.., which is pending for more than five years without any progress.

3.Brief facts of the prosecution case in S.T.C.No.117 of 2019 On 27.07.2016 due to previous enmity, the accused abused the defacto complainant. Therefore, a case was registered in Crime No.127 of 2016 for the offences punishable under Sections 294(b) of IPC and on investigation, final report was filed and the same was taken on file in S.T.C.No.117 of 2019 and the same is pending without trial for more than three years.

4.Discussion:

4.1.Due to the dispute between them, the defacto complainant made a complaint and final report was filed and the same was taken on file in S.T.C.No.117 of 2019 and pending.

4.2.Mr.S.Ravi, learned Additional Public Prosecutor, also submitted that the accused has no previous antecedents.

4.3.Perusal of records shows that the necessary ingredients of Section 294(b) IPC is not made out against the accused in this case. This case comes within the parameters of law laid down by the Honourable Supreme Court in the case of N.S.Madhanagopal and another Vs. K.Lalitha reported in (2022) 17 Supreme Court Cases 818, and other related judgments, wherein, it has been held that to prove the offence under Section 294, mere utterance of obscene words are not sufficient but there must be a further proof to establish that it was to the annoyance of others, which is lacking in the case. No one spoke about the obscene words for which they felt annoyed. In the absence of legal evidence to show that the words uttered by the accused annoyed others, ingredients of the offence under Section 294(b), held not made out on record. In view of the above, the case is pending without trial for more than three years and continuation of the trial by examining the witnesses would lead to wastage of time and wastage of Government exchequer and also lead to docket explosion without adjudication and the chance of conviction even after the full- fledged trial would also bleak. Hence, this Court is inclined to quash the proceedings by exercising power under Section 482 Cr.P.C.

5.Accordingly, the S.T.C.No.117 of 2019 on the file of Judicial Magistrate Court, Nanguneri, is quashed and this Suo Motu Transfer Case stands closed.

06.10.2025 TM 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 n