State Government v. Mahesh 59 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (P.R.C.No.4 of 2008 of Judicial Magistrate Court No.II, Kancheepuram Taluk, Kancheepuram) The Inspector of Police Walajabad Police Station.

... Petitioner Vs.

1.Mahesh 2.Jesi 3.Sarasu 4.Asha @ Hemavathi 5.Geetha 6.Sengodi 7.Kumar S/o Sivashanmugam 8.Saravanan 9.Ramesh 10.Chandrasekar 11.Selvam 12.Selvi 13.Murugan 14.Santhakumar 15.Velu 16.Prakash 17.Selvam 18.Kumar 19.Anbu 20.Subramai 21.Deva 22.Kanniappan Page No.1 of 6

23.Rajendran S/o Gopal 24.Rajendran S/o Kannan 25.Mohan 26.Mani 27.Kumar S/o Ganesan 28.Jeevarathinam 29.Dhanasekar 30.Ravi 31.Shankar 32.Nagappan 33.Ammavasai 34.Mani 35.Periyapaiyan 36.Gopal 37.Ramesh 38.Kanniappan 39.Raji 40.Chinnathambi 41.Iyappan 42.Shankar S/o Subburayan 43.Muthu 44.Shankar 45.Suresh 46.Chithirai 47.Thamizharasu 48.Shankar S/o Subramani 49.Murugan 50.Ramesh S/o Kandiban 51.Santhiya 52.Chithra 53.Jayanthi 54.Ellammal 55.Santhi 56.Gowri 57.Vijaya 58.Krishnan 59.Raji S/o.Rathinam 60.Raji S/o.Murugan .... Respondents Page No.2 of 6

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.The case was registered in Cr.No.52 of 2007 for the alleged offences under Sections 147, 148, 341, 324, 323, 326, 307 r/w 149 of the I.P.C. The mother case in S.C.No.248 of 2008 proceeded further and resulted in an acquittal. The grounds for acquittal also apply to the present accused. The matter has been pending for the execution of warrant. 3.Considering the factual matrix, context of the case, the background of the accused, the reason for absence from her usual place, 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 her 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.3 of 6

4.Accordingly, the case in P.R.C.No.4 of 2008 of Judicial Magistrate Court No.II, Kancheepuram Taluk, Kancheepuram, Chennai stands quashed. This Suo Motu Transfer Case is disposed of.

15.09.2025 ep 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.4 of 6

D.BHARATHA CHAKRAVARTHY, J.

ep Page No.5 of 6

15.09.2025 Page No.6 of 6