The State Rep By Its Inspector Of Police, P3 Ps v. Sanjay @ Vijaypal And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.3059 of 2018 of X Metropolitan Magistrate Court, Egmore Taluk, Chennai) State Rep.by Inspector of Police, P-3, Vyasarpadi Police Station, Chennai - 39.

... Petitioner Vs.

1.Sanjay @ Vijaypaul 2.Sandeep ... Respondents 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.

This case is registered for alleged offence under Section 379 of Indian Penal Code. The incident occurred during the year 2017. The defacto complainant is present and submits that he received the jewels and does not Page No.1 of 4

want to pusue the matter any further. Both the accused though have antecedents are said to have from Delhi. From the beginning, the case is pending for service of summon and summon could not be served and consequently, warrant is pending as against the accused. Further, in this case, the accused were arrested and were in judicial custody for about 30 days. It is represented on behalf of the police that since the accused are from Delhi, inspite of best efforts, both the accused could not be traced out and absolutely there is no possibility at all to trace out.

3.

Considering the factual matrix, context of the case 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. Page No.2 of 4

4.

Accordingly, the proceedings in C.C.No.3059 of 2018 of X Metropolitan Magistrate Court, Egmore Taluk, Chennai 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.3 of 4

D.BHARATHA CHAKRAVARTHY, J.

veda 09.09.2025 Page No.4 of 4