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Madras High CourtSUO MOTU TR/3/2025disposed of

The State Rep By Its Inspector Of Police,K8 v. Siva @ Sivakumar

2025-08-19Honourable Mr.Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (P.R.C.No.107 of 2018 of V Metropolitan Magistrate Court, Egmore Taluk, Chennai) State Rep. by Inspector of Police K-8, Arumbakkam Police Station, Chennai - 106.

... Petitioner Vs.

Siva @ Sivakumar .... Respondent For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The case of the prosecution in the instant case is that on 24.09.2009, at about 1.30 P.M, three accused in this case enticed the victim inside a house and forcibly threatened and robbed a sum of Rs.3,000/- and also ear rings weighing half sovereign.

2. On the strength of the same, a case in Crime No.682 of 2009 was registered for the alleged offences under Sections 342, 392 read with 397, 419 Page No.1 of 3

and 506(ii) of the Indian Penal Code. When a Final Report is filed and was taken on file as P.R.C.No.53 of 2010, the third accused was never apprehended and therefore, an absconding charge sheet was filed as against the third accused. The accused Nos.1 and 2 alone appeared before the learned Magistrate and accordingly, in the year 2018, the case against the third accused was split as P.R.C.No.107 of 2018. As far as the other accused i.e., accused Nos.1 and 2 are concerned, the case was committed and was taken on file as S.C.No.473 of 2018 and a full fledged trial was conducted which ended in acquittal. Even thereafter, this Preliminary Registration Case, which was initially filed in the year 2010 is kept pending for want of service on the third accused. Fifteen years have been passed by. Even the identity of the third accused itself is doubted.

3. In view thereof, no useful purpose will be served by continuing the P.R.C.No.107 of 2018. Accordingly, the same stands quashed. This Suo Motu Transfer Case is disposed of.

19.08.2025 grs electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / Page No.2 of 3

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.

D.BHARATHA CHAKRAVARTHY, J.

grs 19.08.2025 Page No.3 of 3