Inspector Of Police, Erode Railway Ps v. Rakibul

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.160 of 2020 of Judicial Magistrate No.2, Erode Taluk, Erode) Inspector of Police, Erode Railway Police Station, Erode.

... Petitioner Vs.

Rakibul ... Respondent 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.

This case is registered for the alleged offence under Section 379 of Indian Penal Code. The incident occurred on 22.08.2019. The defacto complainant has not even come forward to receive the mobile phone, which was recovered and the accused address is said to be in West Bengal. Page No.1 of 3

3.

Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from his usual place, and the submission that, despite best efforts, the warrant could not be executed, it is evident that even if the accused is brought to face trial, it would impinge upon his right to a speedy trial. Due to the passage of time, a meaningful trial is unlikely, and no useful purpose would be served. 4.

Accordingly, the proceedings in C.C.No.160 of 2020 on the file of the learned Judicial Magistrate No.2, Erode Taluk, Erode is quashed and this Suo Motu Transfer Case is disposed of.

28.08.2025 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 28.08.2025 Page No.3 of 3