Thirunavalur Mukesh v. Elumalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.92 of 2024 of Judicial Magistrate No.II, Ulundurpet Taluk, Kallakurichi) State Rep.by its Sub Inspector of Police, Thirunavalur Police Station, Kallakurichi.

... Petitioner Vs.

Elumalai ... Respondent For Petitioner : Mr.S.Vinoth Kumar Government Advocate (crl.side)

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 and 431 of Indian Penal Code. The incident occurred on 04.11.2023. The allegation in this case is that the accused has stolen delineators from the side of the road. There is no previous case or subsequent case as against the Page No.1 of 3

accused. Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from their usual place, and the submission that, despite best efforts, the summon could not be served, it is evident that even if the accused are brought to face trial, it would impinge upon their 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.92 of 2024 on the file of the Judicial Magistrate No.II, Ulundurpet Taluk, Kallakurichi is quashed and this Suo Motu Transfer Case is disposed of.

03.09.2025 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.

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D.BHARATHA CHAKRAVARTHY, J.

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