The State Rep By Its Inspector Of Police,G7 v. Ganesh Behura And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (CC.No.469 of 2019 of II Metropolitan Magistrate Court, Egmore Taluk, Chennai) The State Rep. by its Inspector of Police, G7 Chetpet Police Station, Chennai.

... Petitioner Vs.

1. Ganesh Behura

2. Kasinath Behura

3. Shabeer .... Respondents For Petitioner : Mr.Venkatesa Perumal, GA (Crl. Side)

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 is a case for the offence under Sections 6b and 20(2) of the Cigarette and other Tobacco Products Act, 2003 and Sections 353 and 506(1) of IPC. Even though the offence is said to have happened on 18.09.2018, it Page No.1 of 3

can be seen that the accused Ganesh Behura S/o. Hadibanth Behura, Kashinath Behura S/o. Ramachandra Behura and Shabeer S/o. Abdul Rehman though had given the Kancheepuram address, they have all migrated to their native States and their address remains untraceable. It is submitted that inspite of the best efforts of the Police, the accused remained elusive and the summons itself could not be served.

3. Considering the nature of allegations that the tobacco products worth Rs.54,000/- was found to be in possession and even if the accused are brought to face the trial hereinafter, the same would violate their right to speedy trial. Accordingly, the case in CC.No.469 of 2019 on the file of the II Metropolitan Magistrate Court, Egmore Taluk, Chennai stands quashed and this Suo Motu transfer case is disposed of.

29.08.2025 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.

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