Kavindapadi Ps v. Palanisamy And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.500037 of 2015 of Judicial Magistrate No.2, Gobichettipalayam Taluk, Erode) Kavindapadi Police Station, Erode.

... Petitioner Vs.

Palanisamy and 3 Others ... Respondent For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The allegations in this case is that, on 18.09.2014, the accused is said to have stolen the gravel belonging to the defacto complainant. Thereafter, the material was also recovered and was given back to the defacto complainant. The accused was attending Court initially for a number of years and now, he has moved and gone away and the NBW is said to be pending for the past 3 years.

2. Considering the fact that the offence is of the year 2014 and Page No.1 of 3

considering the nature of the offense, I am of the view that, even if the warrant is executed and the accused is brought to face the trial in any future date, the same will impinge upon the right to speedy trial of the accused and as such, no useful purpose will be served in keeping the matter pending.

3. Accordingly, the proceedings in CC.No.500037 of 2015 on the file of the learned Judicial Magistrate No.2, Gobichettipalayam Taluk, Erode is quashed and this Transfer Suo Motu 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.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

veda 21.08.2025 Page No.3 of 3