E-5,Inspector Of Police v. Ganesh And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.7662 of 2017 of XXIII Metropolitan Magistrate Court, Saidapet Taluk, Chennai) State rep. by Inspector of Police, Foreshore Estate Police Station, Mylapore.
... Petitioner Vs.
1. Ganesh
2. Praveen Kumar ... 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 Sections 379 and 34 of the Indian Penal Code. The incident occurred on 19.09.2016. It is stated that the property i.e., TN 07 BL 9030, which was stolen, was recovered and handed over to the de facto complainant and that there is no previous case or subsequent case against the accused. Considering the factual matrix, context Page No.1 of 3
of the case, the antecedents of the accused, the reason for absence from his usual place, and the submission that, despite best efforts, the summons could not be served, 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.
3. Accordingly, the case in C.C.No.7662 of 2017 on the file of the XXIII Metropolitan Magistrate Court, Saidapet Taluk, Chennai, stands quashed. This Suo Motu Transfer Case is disposed of. 01.09.2025 grs 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.
grs 01.09.2025 Page No.3 of 3