Inspector of police, Avinashi P.S. Vs Kanagaraj — Madras HC (2025) — LawSathi Research

Inspector of police, Avinashi P.S. Vs Kanagaraj — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Undertaking of the accused recorded; plea of guilt recorded; fine of Rs.500/- imposed on each accused; S.T.C.Nos.313, 312 & 865 of 2019 and the Suo Motu Transfer Cases disposed of; Trial Court directed to classify the cases, consider ancillary applications (such as disposal of properties) and dispatch copies of the order.

Issue for consideration

How the suo motu transferred prosecutions under Sections 5 and 10 of the Handlooms (Reservation of Articles for Production) Act, 1985 should be concluded, given that the accused admit the offence and undertake to carry on only power loom business and never to bid, supply or sell products as handloom.

Court's answer

The undertaking given by the accused that they will only project their goods as machine goods and not handloom is recorded.

Ratio / Principle

The plea of guilt of the accused is recorded and a fine of Rs.500/- is imposed on each of the accused in the respective Suo Motu Transfer Case.

Key takeaways

The underlying cases in S.T.C.Nos.313, 312 & 865 of 2019 of the Judicial Magistrate Court, Avinashi, Avinashi Taluk, Tiruppur stand disposed of, and consequently the Suo Motu Transfer Cases are disposed of.ratio¶18
The Trial Court is directed to take note of the order, classify the pending case as allowed/dismissed/disposed of, etc., consider any applications such as disposal of properties, pass appropriate orders as necessary, and dispatch a copy of the order to all concerned.ratio¶21

Detailed headnote1 paragraphs

Suo Motu TR.Nos.6964, 7136 and 7142 of 2025 (arising out of S.T.C.Nos.313, 312 & 865 of 2019, Judicial Magistrate Court, Avinashi, Avinashi Taluk, Tiruppur) — Offences under Sections 5 and 10 of the Handlooms (Reservation of Articles for Production) Act, 1985 — Accused present before the Court, admit the offence and undertake henceforth to project their goods only as machine goods and never as handloom — Undertaking and plea of guilt recorded — Fine of Rs.500/- imposed on each accused — Underlying S.T.C.s and the Suo Motu Transfer Cases disposed of — Trial Court directed to classify the cases appropriately, consider ancillary applications (including disposal of properties) and dispatch copies of the order.

Suo Motu TR.Nos.6964, 7136 and 7142 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.Nos.6964, 7136 and 7142 of 2025 (S.T.C.Nos.313, 312 & 865 of 2019 of Judicial Magistrate Court, Avinashi, Avinashi Taluk, Tiruppur)

For Petitioner : Mr.S.Vinoth Kumar Govt.Advocate (Crl.Side)

COMMON ORDER

These Suo Motu Cases are dealt with in an extraordinary manner by the

Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025.

These cases are registered for the offences u/s. 5 and 10 of the Handlooms (Reservation of Articles for Production) Act, 1985. The allegation

in this case is that the accused violated the Handlooms (Reservation of Articles for Production) Act, 1985. The accused are present before the Court he admits the offence. They submit that they are now carrying on their power loom business and that hereafter, they will not bid or supply or sell any of their products as handloom. It is also seen that there are no other case against the accused. Firstly, the undertaking given by the accused that they will only

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Suo Motu TR.Nos.6964, 7136 and 7142 of 2025

project their goods as machine goods and not handloom is recorded. Secondly

their plea of guilt is recorded and a fine of Rs.500/- is imposed on each of the accused in respective Suo Motu Transfer Case.

Accordingly,the cases in S.T.C.Nos.313, 312 & 865 of 2019 of Judicial Magistrate Court, Avinashi, Avinashi Taluk, Tiruppur shall stand disposed of and consequently, these Suo Motu Transfer Cases are disposed of.

19.09.2025

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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 necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

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Suo Motu TR.Nos.6964, 7136 and 7142 of 2025

D.BHARATHA CHAKRAVARTHY, J.

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Suo Motu TR.Nos.6964, 7136 and 7142 of 2025

19.09.2025

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