Inspector Of Police, Erode Gh Police Station v. Mohamud Asarudeen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.64 of 2018 of Judicial Magistrate No.2, Erode Taluk, Erode) State Rep. by Inspector of Police, Erode GH Police Station.

...Petitioner

Vs.

Mohamud Asarudeen .... Respondent 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 was registered in Cr.No.7 of 2018 for the alleged offence under Section 379 I.P.C., regarding the allegation that the accused committed theft of the complainant's motor bike. The motor bike was recovered and returned to the complainant. The complainant is present and he does not want to pursue the case.

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3.Considering the factual matrix, context of the case, 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.64 of 2018 of Judicial Magistrate No.2, Erode Taluk, Erode, stands quashed. This Suo Motu Transfer Case is disposed of.

02.09.2025 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.

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