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2025 DAILYLAW 91983 (MAD)

State Government TN rep.by Ins.of Police, PerambalurP.S. v. Malik Batsha-A4

SUO MOTU TR/1730/2025 · 2025-09-18

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Suo Motu TR.No.1730 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.09.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.1730 of 2025 (C.C.No.61 of 2018 of Additional Mahila Court (Judicial Magistrate), Perambalur Taluk, Perambalur) State Rep.by its Sub-Inspector of Police, Perambalur Police Station, Perambalur. ... Petitioner Vs. 1.Jaheer Hussain 2.Shek Raseeth 3.Abdul Nazar 4.Malik Batsha 5.Noorul Hussain ... Respondents For Petitioner : Mrs.G.V.Kasthuri 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. This case is registered for alleged offence under Sections 294(b), 323, 342, 366 of Indian Penal Code r/w Section 4 of TNWH Act. The incident Page No.1 of 3 https://www.mhc.tn.gov.in/judis Suo Motu TR.No.1730 of 2025 occurred on 07.07.2012. The mother's case in Cr.No.857/2012 proceeded further and resulted in an acquittal. The grounds for acquittal also apply to the present accused. The matter has been pending for the execution of the warrant since 2012. 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 summon 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. 3. Accordingly, the proceedings in C.C.No.61 of 2018 of Additional Mahila Court (Judicial Magistrate), Perambalur Taluk, Perambalur is quashed and this Suo Motu Transfer Case is disposed of. 18.09.2025 gsa 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.1730 of 2025 D.BHARATHA CHAKRAVARTHY, J. gsa Suo Motu TR.No.1730 of 2025 18.09.2025 Page No.3 of 3 https://www.mhc.tn.gov.in/judis