Krishnasamy v. Muthu @ Jayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.100115 of 2010 of Judicial Magistrate Court, Dharapuram, Dharapuram Taluk, Tiruppur) Krishnasamy ... Petitioner Vs.

Muthu @ Jayakumar ... 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 05.10.2009. In this case, the allegation is that a sum of Rs.17,000/- is said to have stolen from the defacto complainant. The matter is pending from the year 2009. There is no previous case or subsequent case as against the accused. The accused remains elusive till date. It is submitted that the money was used by the accused to purchase Page No.1 of 3

gold and the said gold was also recovered and deposited into the court. In view thereof, no useful will be served in continuing the case, as the matter is pending from the year 2009. It is also submitted that the information was given to the sons of the victim. Therefore, as and when, they file a formal application seeking return of property, the recovered gold will be handed over to them. Considering the fact that the matter is pending from the year 2009, even if summon is served or warrant is executed on any future date, it would violate the right to speedy trial of the accused and also no useful purpose will be served in keeping the matter pending.

3.

Accordingly, the proceedings in C.C.No.100115 of 2010 of Judicial Magistrate Court, Dharapuram, Dharapuram Taluk, Tiruppur 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