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Madras High CourtSUO MOTU TR/3410/2025disposed of

Kariyalur Ps. v. Elumalai

2025-09-11Honourable Mr.Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.3 of 2023 on the file of Judicial Magistrate Court, Sankarapuram Taluk, Kallakurichi) State rep by its, Inspector of Police, Kariyalur Police Station, Kallakurichi.

... Petitioner Vs.

Elumalai ... Respondent 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 in Cr.No.52 of 2019 is registered for alleged offences under Sections 25(1B)(a) and 29 (a) of Arms Act, 1959. The allegation in this case is that the accused is a schedule tribe person, who was found in Page No.1 of 3

possession of country guns. It can be seen that there is no bad antecedents for the accused and he acquired the same for hunting purpose. The case is pending from the year 2019 at the summons stage. 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 C.C.No.3 of 2023 on the file of Judicial Magistrate Court, Sankarapuram Taluk, Kallakurichi is quashed and this Suo Motu Transfer Case is disposed of.

11.09.2025 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.

veda 11.09.2025 Page No.3 of 3