State Government v. Ezumalai

D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 12.09.2025. However, today, this matter is listed under the caption 'For being mentioned'. The error mentioned is corrected and the following is the corrected order:- "IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.1142 of 2024 of Judicial Magistrate VI, Puducherry Taluk, Puducherry) The Sub Inspector of Police, Vilianur Police Station, Puducherry.

... Petitioner Vs.

Ezhumalai ... 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. Page No.1 of 3

2.

This case is registered for alleged offence under Section 379 of Indian Penal Code. The incident occurred on 18.08.2013. The allegation in this case is that the accused have committed the theft of motor cycle belonging to the defacto complainant. The vehicle was recovered and handed over to the defacto complainant. The accused remains elusive and not traceable till date. There is no previous case or subsequent as against the accused. The case is pending from the year 2013 at the stage of execution of warrant. 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 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 C.C.No.1142 of 2024 of Judicial Magistrate VI, Puducherry Taluk, Puducherry 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." 17.11.2025 veda Page No.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

veda 17.11.2025 Page No.3 of 3