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Madras High CourtSUO MOTU TR/2836/2025disposed of

The State Rep By Its Sub Inspector Of Police, v. Mansih Kumar And Another

2025-09-12Honourable Mr.Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.4932 of 2021 of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai) State Rep.by Sub Inspector of Police, Chintadaripet Police Station, Chennai .

... Petitioner Vs.

1.S.Manish Kumar 2.Niyamathullah ... Respondent For Petitioner : Mr.S.Vinoth Kumar Govt.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 of Indian Penal Code. The incident occurred on 07.06.2018. The allegation in this case is that the accused have stolen the mobile phone from the defacto Page No.1 of 3

complainant. The defacto complainanat is present and submits that the cell phone was recovered and handed over to him. The case is pending from the year 2018 at the NBW stage. The defacto complainant also does not want to pursue the matter any further. Considering the factual matrix, context of the case and the submission that, despite best efforts, the warrant could not be executed, 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.4932 of 2021 on the file of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai is quashed and this Suo Motu Transfer Case is disposed of. 12.09.2025 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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