Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-02-2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.3429 & 3431 of 2026 P.Ramarajan ..Petitioner(s) Vs
1. State represented by the Inspector of Police,
2. V.Gunalan
Collector of South Arcot in Charge, District Revenue Officer, South Arcot, Cuddalore. ..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for the records relating to the Charge Sheet in C.C.No.310 of 1998 pending on the file of the Judicial Magistrate Court No.II, Villupuram. For Petitioner(s): Mr.M.Dinesh For Respondent(s): Mr.K.M.D.Muhilan, Addl. Public Prosecutor for R1
ORDER
This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.310 of 1998 pending on the file of the Judicial Magistrate Court No.II, Villupuram. Page1 of 4
2. The learned counsel for the petitioner submitted that though the
final report has been filed in the year 1998, the second respondent has not taken steps to secure and examine the witnesses for the past 28 years. It is further submitted that this Court, in a batch of Criminal Original Petitions, has already quashed the proceedings as against the co-accused.
3. The learned Government Advocate (Crl.Side) appearing for the
first respondent submitted that the case was originally registered in the year 1986 and was taken on file in C.C.No.310 of 1998 by the Judicial Magistrate Court No.II, Villupuram and subsequently, transferred to the file of the Judicial Magistrate Court No.I, Villupuram, where it is pending in C.C.No.113 of 2011. This Court, in a batch of Criminal Original Petitions, by an order dated 06.02.2004, quashed the proceedings as against the co-accused on the ground that there was absolutely no documentary evidence available for the prosecution to sustain the charges. It was recorded therein that the records relating to the year 1984 had been destroyed and therefore, the prosecution would not be in a position to establish the offences alleged against the accused. The learned Additional Public Prosecutor therein had also fairly conceded that in the absence of records, it would be difficult for the prosecution to prove the case.
4. The petitioner herein is similarly placed as that of the co-accused whose proceedings have already been quashed. The case pertains to the year Page2 of 4
1986 and the final report was filed in the year 1998. For nearly three decades, there has been no meaningful progress in the trial. In view of the destruction of the relevant records and the inordinate delay in prosecuting the matter, continuation of the proceedings as against the petitioner would amount to an abuse of process of Court.
5. Therefore, this Court is of the considered view that no useful purpose would be served by keeping the criminal proceedings pending against the petitioner.
6. Accordingly, this Criminal Original Petition stands allowed. The
proceedings in C.C.No.113 of 2011 (arising out of C.C.No.310 of 1998) on the file of the Judicial Magistrate Court No.I, Villupuram, insofar as the petitioner is concerned, are hereby quashed. Consequently, connected Miscellaneous Petitions are closed. Index: Yes/No Neutral Citation: Yes/No VKR Page3 of 4
A.D.JAGADISH CHANDIRA, J.
VKR To 1.The Judicial Magistrate No.I, Villupuram. 2.The Judicial Magistrate No.II, Villupuram. 3.The Inspector of Police, 4.The Public Prosecutor, High Court of Madras. Page4 of 4