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Madras High CourtSUO MOTU TR/5849/2025disposed of

Si Of Police v. Kumar

2025-10-17Honourable Mr.Justice D.Bharatha Chakravarthy2 pages

Suo Motu TR.No.5849 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.5849 of 2025 (CC.No.200670 of 2017 of Judicial Magistrate Court, Sulur, Sulur Taluk, Coimbatore) 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 in Cr.No.109 of 2015 was registered for alleged offence under Sections 279 and 304(A) of Indian Penal Code, 1860. It is submitted that the defacto complainant is not residing at the given address and remains untraceable till date and it is not know whether any claim petition is filed or not. Further, the case is pending at the stage of execution of warrant.

3. Considering the factual matrix, context of the case, the reason for absence from his usual place, and the submission that, despite best efforts, the Page No.1 of 2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.5849 of 2025 D.BHARATHA CHAKRAVARTHY, J.

sha 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.

4. Accordingly, the case in CC.No.200670 of 2017 of Judicial Magistrate Court, Sulur, Sulur Taluk, Coimbatore, shall stand quashed and this Suo Motu Transfer Case stand disposed of. It is made clear that disposal of this case will not in any manner affect the further proceedings even if any claim petition is filed.

17.10.2025 sha 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.

Suo Motu TR.No.5849 of 2025 17.10.2025 Page No.2 of 2 https://www.mhc.tn.gov.in/judis