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Madras High CourtSUO MOTU TR/246/2025disposed of

The Forest Range Officer, Tnhp Act Range, Yercaud, Salem v. Ganeshraja And Another

2025-08-21Honourable Mr.Justice D.Bharatha Chakravarthy2 pages

Suo Motu TR.No.246 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.246 of 2025 (STC. No.48/2022 of District Munsif cum Judicial Magistrate, Yercaud Taluk, Salem) The Forest Range Officer TNHP Act Range, Yercaud, Salem.

...Petitioner

Vs.

1.Ganesh Raja 2.Dharmaraj .. Respondents For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu W.P.(Crl.) No.618 of 2025.

2. The allegation in this case is that in the year 2002, it is alleged that the accused being the owners of the property had cut and removed 20 silver oak trees, without the permission of the Committee. O.R.No.64 of 2002 was registered in respect thereof. However, very belatedly, the case was filed for an offence under Section 7 read with Section 3 of the Tamil Nadu Hill Areas (Preservation of Trees) Act. The report was filed before this Court in the year Page No.1 of 2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.246 of 2025 D.BHARATHA CHAKRAVARTHY, J.

Jer 2020. It can be seen from the said report that is filed, it was dated in the year 2009, but was presented before the Court in the year 2020.

3. Thus, considering the nature of allegations and the sheer unexplained delay on the part of the prosecution in prosecuting the case, this is a fit case where the right to speedy trial of the accused is violated and accordingly, the case in STC. No.48/2022 on the file of the District Munsif cum Judicial Magistrate, Yercaud Taluk, Salem, stands quashed and the Suo Motu Transfer stands disposed of.

21.08.2025 Jer 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.

Suo Motu TR.No.246 of 2025 Page No.2 of 2 https://www.mhc.tn.gov.in/judis