Nambiyur Ps v. Ramesh And Sundarraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.500149 of 2017 of Judicial Magistrate No.2, Gobichettipalayam Taluk, Erode) Nambiyur Police Station, Nambiyur, Erode District.

... Petitioner Vs.

1.Ramesh 2.Sundarraj ... Respondents For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The allegation in this case is that, on 08.04.2017, from the box attached to the bag of the defacto complainant, a sum of Rs.15,000/- was stolen. Immediately thereof, a case was registered in Cr.No. 124 of 2017 and the case Page No.1 of 4

was solved and it was found that the accused persons who are nomadic thieves from other State (in this case from Andhra Pradesh) have stolen the money. It is their avocasion to target the persons coming out from the bank and break open the boxes etc., in the bike and steal the money. 2.

Accordingly, they were arrested and the out of the stolen money of Rs.1,00,000/-, a sum of Rs.99,000/- was recovered and also paid out to the complainant. Thereafter, when the accused were released on bail, they have absconded and are elusive. When the final report is filed and is pending from the year 2017, the accused are elusive and no summons could be served. As on date, warrant is pending against Accused No.1 and summon is awaited against Accused No.2. It is stated that both the accused are the natives of Andhra Pradesh State and they are not found in the respective address and remain untraceable.

3.

Therefore, considering the nature of the nomadic offenders and there is no likelihood of them being traced out, keeping open the liberty of the prosecution, to reopen the case, if they are traced out in near future, since no useful purpose will be served in keeping the case pending, the proceedings in CC.No.500149 of 2017 on the file of the learned Judicial Magistrate No.2, Page No.2 of 4

Gobichettipalayam Taluk, Erode is quashed and this Suo motu Transfer case is allowed.

21.08.2025 veda 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.3 of 4

D.BHARATHA CHAKRAVARTHY, J.

veda 21.08.2025 Page No.4 of 4