The State rep by its Inspector of Police,F2 PS v. Sivakumar and another
SUO MOTU TR/1178/2025 · 2025-08-29
D Bharatha Chakravarthy
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 91483 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91483 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Suo Motu TR.No.1178 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.1178 of 2025 (C.C.No.9094 of 2017 of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai) The State Rep. By its Inspector of Police, F2 Egmore Police Station, Chennai. ... Petitioner Vs.
1. Sivakumar
2. Ajith Kumar .... Respondents For Petitioner : Mr.C.Baskaran Government Advocate (Crl.Side)
ORDER This Suo Motu case is dealt with in an extraordinary manner by this Dedicated Bench, pursuant to Suo Motu W.P.(Crl.)No.618 of 2025.
2. This case is registered for alleged offences under Section 41(ii) and 102 of CRPC, Section 379 r/w Section 34 of IPC, 1860 . The incident Page No.1 of 3 https://www.mhc.tn.gov.in/judis
Suo Motu TR.No.1178 of 2025 occurred on 17.07.2017. The stolen mobile phone has been recovered and handed over to the de facto complainant. The accused No.2 already died and summons was not served to accused No.1.
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, the summons was not served on the first accused, it is evident that even if the first 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, C.C.No.9094 of 2017 on the file of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai, stands quashed and this Suo Motu Transfer case is disposed of. 29.08.2025 jd 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.1178 of 2025 D.BHARATHA CHAKRAVARTHY, J. jd Suo Motu TR.No.1178 of 2025 29.08.2025 Page No.3 of 3 https://www.mhc.tn.gov.in/judis