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2025 DAILYLAW 180106 (MAD)

Inspector of Police, Mallasamudram P.S.(Cr.No.341/2017) v. Varathan

SUO MOTU TR/2759/2025 · 2025-09-08

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Suo Motu TR.No.2759 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.09.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.2759 of 2025 (CC.No.42/2019 of Judicial Magistrate Court, Tiruchengode Taluk, Namakkal) 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.341 of 2017 dated 05.12.2017 for the alleged offence under Section 454, 380 and 511 of I.P.C. The occurrence is said to have taken place on 05.12.2017. The accused broke open the door of the defacto complainant and attempted to steal the items from the house. The case is pending from the year 2019 and summons has not been served. Considering the factual matrix, context of the case, 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 suommons is served and 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. Page No.1 of 2 https://www.mhc.tn.gov.in/judis Suo Motu TR.No.2759 of 2025 D.BHARATHA CHAKRAVARTHY, J. Jer 3. Accordingly, the proceedings in CC.No.42/2019 on the file of the Judicial Magistrate Court, Tiruchengode Taluk, Namakkal, is quashed and this Suo Motu Transfer Case is disposed of. 08.09.2025 Jer 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. Suo Motu TR.No.2759 of 2025 Page No.2 of 2 https://www.mhc.tn.gov.in/judis