State Government Tn Rep.By Ins.Of Police, Perambalurp.S. v. Malik Batsha-A4

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.61 of 2018 of Additional Mahila Court (Judicial Magistrate), Perambalur Taluk, Perambalur) State Rep.by its Sub-Inspector of Police, Perambalur Police Station, Perambalur.

... Petitioner Vs.

1.Jaheer Hussain 2.Shek Raseeth 3.Abdul Nazar 4.Malik Batsha 5.Noorul Hussain ... Respondents 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 Sections 294(b), 323, 342, 366 of Indian Penal Code r/w Section 4 of TNWH Act. The incident Page No.1 of 3

occurred on 07.07.2012. The mother's case in Cr.No.857/2012 proceeded further and resulted in an acquittal. The grounds for acquittal also apply to the present accused. The matter has been pending for the execution of the warrant since 2012. 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 summon 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 proceedings in C.C.No.61 of 2018 of Additional Mahila Court (Judicial Magistrate), Perambalur Taluk, Perambalur is quashed and this Suo Motu Transfer Case is disposed of. 18.09.2025 gsa 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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