Si Of Police, Edappadi P.S v. Venkatesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.16 of 2025 (C.C.No. 271 of 2019 of District Munsif cum Judicial Magistrate, Edappadi Taluk, Salem) The Sub Inspector of Police, Edappadi Police Station, Salem District.

... Petitioner Vs Venkatesh ... Respondent For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The case is one under Sections 279 and 304A of the Indian Penal Code, 1860. The occurrence was on 03.02.2019.

2. The case of the prosecution is that the accused drove the Maruti Omni Van bearing TN 93 3085 in a rash and negligent manner and dashed against the two-wheeler bearing No. TN 39 AR 1453 and the rider of the two-wheeler was injured in the accident and he died. The final report was filed and was taken on file as C.C. No.271 of 2019. From the said day onwards, for the past almost 7 years, the accused has been regularly attending the Court. It is stated 1/3

that when summons was sought to be served on L.W.1 to L.W.5, who are said to be labourers residing in the said address, they are no more available in the said address and their whereabouts are not known and the summons itself remains unserved in this case.

3. In view of the nature of accident that is alleged by the prosecution coupled with the fact that the accused is undergoing trial for the past 6 years, I am of the view that keeping the case pending any further would impinge upon the right to speedy trial of the accused under Article 21 of the Constitution of India. Accordingly, the case in C.C. No.271 of 2019 on the file of the District Munsif cum Judicial Magistrate, Edappadi Taluk, Salem shall stand quashed.

4. In view thereof, this Suo Motu Transfer Case stands allowed. 20.08.2025 nsl 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. 2/3

D.BHARATHA CHAKRAVARTHY, J.

nsl Suo Motu TR.No.16 of 2025 20.08.2025 3/3