Sho Chinnasalem Ps v. Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.700050 of 2018 of Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi) SHO Chinna Salem Police Station.

... Petitioner Vs.

1. Selvaraj

2. Ravi .... Respondents For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The allegation in this case is that the accused is the brother's son of the defacto complainant. When the defacto complainant started building his house, there seems to be a boundary dispute and therefore, the accused insisted that the defacto complainant should first survey the place and show the boundary and then only put up the construction. In view thereof, there arose a wordy quarrel and the occurrence is said to have happened on 19.11.2015 and a case was registered in Crime No.427 of 2015 for the alleged offences under Page No.1 of 3

Sections 294 (b), 324 and 506(ii) of Indian Penal Code, 1860. It is now brought to the notice of this Court that, the problem relating to property dispute no more exists. The accused has gone to Kerala for his avocation and remains untraceable for service of summons.

2. Considering the nature of allegations and even if the summons could be served on the accused in any future date, the same would impinge upon the right to speedy trial of the accused and no useful purpose will be served in keeping the case pending. Accordingly, the proceedings in C.C.No.700050 of 2018 of Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi stands quashed and this Suo Motu Transfer case is allowed. 20.08.2025 rap 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. D.BHARATHA CHAKRAVARTHY, J.

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