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2025 DAILYLAW 174148 (MAD)

The Inspector of Police v. Kandhan

SUO MOTU TR/6304/2025 · 2025-09-26

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Suo Motu TR.No.6304 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.09.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.6304 of 2025 (C.C.No.126 of 2021 of Judicial Magistrate Court, Sulur, Sulur Taluk, Coimbatore) State rep. by Inspector of Police, Karumathampatty Police Station, Coimbatore district. ... Petitioner Vs. Kandhan ... Respondent For Petitioner : Mr.S.Sugendran Additional Public Prosecutor ORDER This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu W.P.(Crl.) No.618 of 2025. 2.The case was registered in Cr.No.200 of 2019 dated 25.06.2019 for the alleged offence under Section 379 of Indian Penal Code, 1860. The allegation in this case is that the accused committed a theft of mobile phone. It is reported that the stolen property has already been recovered and returned to the defacto complainant and there is no previous or subsequent case as against Page No.1 of 3 https://www.mhc.tn.gov.in/judis Suo Motu TR.No.6304 of 2025 the accused. Further, it is submitted that the case is presently pending at the stage of summon. The defacto complainant is present before the Court and has stated that he does not want to pursue the case any further. 3. Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from his usual place, and the submission that, despite best efforts, the summons could not be served, it is evident that even if the accused is brought to face trial, it would impinge upon his right to a speedy trial. Due to the passage of time, a meaningful trial is unlikely, and no useful purpose would be served. 4. Accordingly, the case in C.C.No.126 of 2021 on the file of Judicial Magistrate Court, Sulur, Sulur Taluk, Coimbatore shall stand quashed and this Suo Motu Transfer Case stand disposed of. 26.09.2025 nsl 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. Page No.2 of 3 https://www.mhc.tn.gov.in/judis Suo Motu TR.No.6304 of 2025 D.BHARATHA CHAKRAVARTHY, J. nsl Suo Motu TR.No.6304 of 2025 26.09.2025 Page No.3 of 3 https://www.mhc.tn.gov.in/judis