Elavanasurkottai P.S v. Subramani

D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 03.09.2025. However, today, this matter is listed under the caption 'For being mentioned'. The error mentioned is corrected and the following is the corrected order:-

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (CC.79/2019 of Judicial Magistrate Court No.I , Ulundurpet Taluk, Kallakurichi) The State rep. by The Inspector of Police, Elavanasurkottai Police Station, Kallakurichi.

... Petitioner Vs.

Subramani and two others .... Respondents 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 offences under Section 379 of Indian Penal Code, 1860. The incident occurred on 07.04.2014. The Page No.1 of 3

property has been recovered and handed over to the defacto complainant. The defacto complainant is not residing at the address.

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 case in CC.No.79 of 2019 on the file of the Judicial Magistrate Court No.I, Ulundurpet Taluk, Kallakurichi shall stands quashed and this Suo Motu Transfer Case stands disposed of. 03.09.2025 nsl 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.

17.11.2025 nsl Page No.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

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