State Government v. Magheskumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.173 of 2014 of Judicial Magistrate Court, Sriperumbudur Taluk, Kancheepuram) T-13, Kundrathur Police Station, Kancheepuram.

... Petitioner Vs.

Magheskumar ... Respondent For Petitioner : Mrs.G.V.Kasthuri 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 the alleged offence under Section 406 of Indian Penal Code. The incident occurred during the year 2013. The case property namely the car which is said to be taken away in breach of trust was already recovered and handed over to the defacto complainant. Now both the Page No.1 of 3

accused and the defacto complainant are not residing in the address and the matter is pending at the fresh summons stage. 3.

Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from his usual place, 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 proceedings in C.C.No.173 of 2014 on the file of the Judicial Magistrate Court, Sriperumbudur Taluk, Kancheepuram is quashed and this Suo Motu Transfer Case is disposed of. 01.09.2025 veda 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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