Chengalpattu Town P.S., v. Kothandaraman And 1 Other

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.800223 of 2013 of Judicial Magistrate Court No.I, Chengalpattu Taluk, Chengalpattu) State Rep.by Inspector of Police, Chengalpattu Town Police Station, Chengalpattu.

... Petitioner Vs.

Kothandaraman and 1 other.

... 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 alleged offence under Section 379 of Indian Penal Code. The incident occurred on 09.02.2013. The allegation in this case is that the accused has stolen the Auto belonging to the defacto complainant. The Auto is recovered and handed over to the defacto Page No.1 of 3

complainant. In this case, summon could not be served on A1 and consequently, warrant is pending. A2 attending the Court regularly from the year 2013. Considering the factual matrix, context of the case, the antecedents of the accused, and the submission that, despite best efforts, the summon could not be served on A1, 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 proceedings in C.C.No.800223 of 2013 of Judicial Magistrate Court No.I, Chengalpattu Taluk, Chengalpattu is quashed and this Suo Motu Transfer Case is disposed of. 02.09.2025 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. Page No.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

veda 02.09.2025 Page No.3 of 3