The State Rep By Its Inspector Of Police, v. Krishnamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (CC.No.2894 of 2017 of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai) The State Represented by its Inspector of Police, F2, Egmore Police Station, Chennai -8.

... Petitioner Vs.

Krishnamoorthy .... 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 alleged offence under Section 379 r/w.34 of Indian Penal Code. The incident occurred in the year 2011. It is stated that the property has been recovered and handed over to the defacto complainant Page No.1 of 3

and the accused has gone away and remains elusive and untraceable. The case is pending at the summons stage all along. Considering the factual matrix, context of the case, the antecedents of the accused, and the fact that despite best efforts the summons could not be served, 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.

3. Accordingly, the case in CC.No.2894 of 2017 on the file of the XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai shall stands quashed and this Suo Motu Transfer Case stands disposed of. 25.08.2025 rap 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.

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D.BHARATHA CHAKRAVARTHY, J.

rap 25.08.2025 Page No.3 of 3