State Government v. Sathish 1 Other

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (CC.100053 of 2011 of JUDICIAL MAGISTRATE COURT NO.II, Kancheepuram Taluk, Kancheepuram) State Rep.by Sub Inspector of Police (Crime), B-3, Kanchi Taluk Police Station Kancheepuram.

... Petitioner Vs.

1.Sathish 2.Ilaya @ Ilayaraja ... Respondents For Petitioner : Mr.S.Sugendran Additional Government Pleader

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 15.08.2009. The allegation in this is that the accused have stolen the two wheeler belonging to the defacto complainant. It is now submitted that the vehicle has been recovered and Page No.1 of 3

handed over to the defacto complainant. For the said allegation, the accused was arrested and thereafter, released on bail. There is no previous case or subsequent case as against the accused. Now, the case is pending at the stage of service of summon on the accused. Therefore, 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, 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 CC.No.100053 of 2011 of JUDICIAL MAGISTRATE COURT NO.II, Kancheepuram Taluk, Kancheepuram is quashed and this Suo Motu Transfer Case is disposed of. 09.09.2025 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 09.09.2025 Page No.3 of 3