The State Rep By Its Inspector Of Police,F2 Ps v. Sivakumar And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.9094 of 2017 of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai) The State Rep. By its Inspector of Police, F2 Egmore Police Station, Chennai.
... Petitioner Vs.
1. Sivakumar
2. Ajith Kumar .... Respondents For Petitioner : Mr.C.Baskaran Government Advocate (Crl.Side)
ORDER
This Suo Motu case is dealt with in an extraordinary manner by this Dedicated Bench, pursuant to Suo Motu W.P.(Crl.)No.618 of 2025.
2. This case is registered for alleged offences under Section 41(ii) and 102 of CRPC, Section 379 r/w Section 34 of IPC, 1860 . The incident Page No.1 of 3
occurred on 17.07.2017. The stolen mobile phone has been recovered and handed over to the de facto complainant. The accused No.2 already died and summons was not served to accused No.1.
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, the summons was not served on the first accused, it is evident that even if the first 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, C.C.No.9094 of 2017 on the file of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai, stands quashed and this Suo Motu Transfer case is disposed of.
29.08.2025 jd 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.
jd 29.08.2025 Page No.3 of 3