The Sub Inspector Of Police v. Sathish And One Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.113 of 2025 (C.C.No.1803416 of 2019 of Judicial Magistrate III, Salem Taluk, Salem) The Sub Inspector of Police, Hasthampatti Police Station, Salem District.

... Petitioner Vs.

Sathish and another .... Respondents For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The allegation in this case is that on 19.01.2013, both the accused herein, who were inmates of the Central Prison, Salem, behaved in a manner causing breach of peace inside the prison and caused hurt to a co-prisoner. A case was registered in Crime No.29 of 2013 on 19.01.2013, and thereafter a final report was filed on 12.12.2013, which was taken on file as S.T.C.No.3416 of 2014. It is stated that the prime accused (A1) has since died and the whereabouts of the second accused are not known. Despite best efforts, summons could not be served and the warrant could not be executed. The very existence of the second accused is now doubtful. Page No.1 of 3

2. Considering the nature of allegations, even if the warrant is executed at a future date and the second accused is brought for trial, the same would impinge upon the right to speedy trial and as such, no useful purpose will be served in keeping this case pending.

3. Accordingly, the proceedings in S.T.C.No. 3416 of 2014 on the file of the Judicial Magistrate III, Salem Taluk, Salem stand quashed and this Suo Motu Transfer Case stands disposed of.

21.08.2025 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.

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D.BHARATHA CHAKRAVARTHY, J.

nsl Suo Motu TR.No.113 of 2025 21.08.2025 Page No.3 of 3