State By Inspector Of Police, Jayankondam Police Station v. Avick

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.32 of 2020 of Judicial Magistrate Court No.I, Jayamkondam Taluk, Ariyalur) State by Inspector of Police, Jyankondam Police Station.

.

... Petitioner Vs.

Avick .... Respondent For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The allegation in this case is that on 09.06.2019, the accused drove the Taurus lorry bearing Regn.No.TN 61 K 6872 in a rash and negligent manner and the injured witnesses who were travelling in the bike got injured in the accident. The case was registered for the offences under Sections 279, 337 @ 338 and 304(A) of Indian Penal Code, 1860 on 09.06.2019.

2. A reading of the F.I.R which was given by the injured witness Page No.1 of 4

himself states that it is the injured witnesses who tried to overtake the lorry and they got hit on the side by the lorry. Therefore, the very offences on the face of it is doubtful. Secondly, the case is pending from 07.02.2020. Thirdly, the dependents of the deceased and the injured witnesses have filed claim petitions before the Motor Accident Claims Tribunal and have also received the compensation. Now, the case is pending for service of summons of the accused. When the accident is said to have happened in the year 2019 and for the past six years, the summons could not be served, even if on a later date, the same is served, the same will impinge upon the right to speedy trial of the accused.

3. It is stated on behalf of the Police that inspite of the best efforts, since the accused is not there in the address which is given as from West Bengal no useful purpose will be served in keeping the matter pending. Accordingly CC.No.32 of 2020 on the file of Judicial Magistrate Court No.I, Jayamkondam Taluk, Ariyalur is quashed and this Suo Motu Transfer case is disposed of. 21.08.2025 rap Page No.2 of 4

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.

rap 21.08.2025 Page No.4 of 4