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Madras High CourtSUO MOTU TR/1572/2025disposed of

Sho Chinnasalem Ps v. Arumugam

2025-10-15Honourable Mr.Justice D.Bharatha Chakravarthy3 pages

D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 01.09.2025. 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: 01.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.700093 of 2018 of Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi) 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. The case in C.C.No.700093 of 2018 was taken on the file of the Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi for the alleged offence under Sections 147, 294(b), 352, 354 and 341 of IPC. The de-facto complainant submits that he doesn't want to pursue the matter further. The case is at summons stage.

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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 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. 4.Accordingly, the case in C.C.No.700093 of 2018 of Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi stands quashed. This Suo Motu Transfer Case is disposed of.

01.09.2025 mp 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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