E5, Crime, Inspector Of Police v. Gulam Thasthakir

Suo Motu TR.No.857 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY Suo Motu TR.No.857 of 2025 (C.C.No.2253 of 2019 of XXIII Metropolitan Magistrate Court, Saidapet Taluk, Chennai) State Represented By, The Special Sub Inspector of Police, Foreshore Estate Police Station, Chennai.

... Petitioner Vs.

Gulam Thasthakir ... Respondent(s) 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, Cr.No.319 of 2018 is registered for alleged offences under Section 379 of Indian Penal Code, 1860. The accused committed theft of complainant's mobile phone. It is reported that the stolen cell phone has been recovered and returned to the complainant. 1/2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.857 of 2025 D. BHARATHA CHAKRAVARTHY, J.

stn

3. It is also reported that the summons could not be served. Considering the factual matrix, context of the case, the antecedents of the accused, the reasons for absence from his usual place, and the submission that, despite best effors, the summons/ warrant could not be served/ 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 case in C.C.No.2253 of 2019 of XXIII Metropolitan Magistrate Court, Saidapet Taluk, Chennai is quashed and this Suo Motu Transfer Case is disposed of.

28.08.2025 stn 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.

Suo Motu TR.No.857 of 2025 2/2 https://www.mhc.tn.gov.in/judis