The right to a speedy trial is a fundamental right under Article 21, and criminal proceedings that remain pending for over 15 years without progress, especially where foundational evidence like identification is doubtful, constitute an abuse of process justifying the quashing of proceedings.

ORDER

The present Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to call for the records relating to the case in PRC.No.8 of 2010 pending on the file of learned Additional Chief Metropolitan Magistrate, Egmore, Chennai.

2. Heard the learned counsel appearing on either side and perused the entire materials available on record.

3. On an earlier occasion, the similarly placed persons as that of the petitioners sought to set aside the interim final report filed by the respondent therein in P.R.C.No.8 of 2010 pending on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, for the offences punishable under Sections 120-B , 147, 148, 149, 323, 325, 332, 333, 353, 436 & 450 IPC and Section 3(1) & 4 of Tamil Nadu Property (Prevention of Destruction & Loss) Act, 1992 before this Court in a batch of Criminal Original Petitions in Crl.O.P.Nos.5101 of 2019 and etc., batch and by an order dated 27.11.2025, this Court, quashed the entire proceedings in P.R.C.No.8 of 2010 against the petitioners therein. The relevant portion of the order passed in Crl.O.P.Nos.5101 of 2019 and etc., batch, dated 27.11.2025, reads as follows :-

“26.Be that as it may, from the perusal of the statement of witnesses it is seen that the witnesses can be broadly classified as Police Personnel, Advocates, Press Reporters, Media Persons, Doctors, the Registrars and Officials of the High Court. On perusal of the statement of witnesses, it is seen that the injured Advocates immediately rushed to various Hospitals, given treatment, incident widely covered both by print and visual media. The incident which happened on 19.02.2009 is an unprecedented one in the annals of Madras High Court.

27.After the assault on Advocates on 19.02.2009, a shockwave of fear, humiliation resonated entire legal fraternity. The impact was such that all the Courts closed and the doors of justice closed to the public. The High Court could resume the work on 25.02.2009 and City Civil Court and Small Causes Court could resume the work only on 02.03.2009. The District Courts also closed, but started working shortly. The closure of the temple of justice even for a shortwhile confirms now the legal fraternity was greatly affected due to the incident.

28.The Advocates are looked in the Society placing them in high pedestal for the reason that they are the saviours for the unheard, stifled voices meek persons, underprivileged and marginalized. The Advocates are vibrant group who espouse the cause of the public and they are conscious keepers fight for the rights of the citizen. The Advocates holding demonstrations, showing protest for the Tamil Elam cause was going on for some time and restrictive steps taken by the Registry of this Court, thereafter Police force increased, entry through the gates restricted, which all infuriated the Advocates. There were regular demonstrations, protest, agitations and show of force. The registering of several cases confirm that all was not well for quite some time. The Advocates, a politically vibrant group. On 17.02.2009 there was an incident showing protest and use of force by group of Advocates against Dr.Subramaniam Swamy. On that day, the Additional Director General of Police (Law and Order) sent a communication to the Registrar General and a meeting was called by the then Hon'ble Acting Chief Justice instructed the Police to take all steps under their command to ensure peace and safety to one and all inside the High Court campus. Following the instructions, the Police taken steps but the steps appears to be disproportionate. The arrest of one of the Advocate on 18.02.2009 and the visit of Dr.Subramaniam Swamy on 19.02.2009 further added to the combative situation and agitated Advocates exploded. There was wordy a