Madras High CourtSUO MOTU TR/6567/2025disposed of

Sub Inspector Of Police, Chithamur Ps v. Elumalai

2025-09-15Honourable Mr.Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.40 of 2021 of District Munsif cum Judicial Magistrate, Cheyyur Taluk, Chengalpattu) State rep. by Sub-Inspector of Police, Chithamur Police Station, Kancheepuram district.

... Petitioner Vs.

1. Elumalai

2. Dhanasekaran

3. Magendran

4. Sakkarai

5. Elumalai

6. Murugan

7. Nagappan

8. Mani

9. Anbazhagan ... Respondents 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 is registered for alleged offences under Sections 143, 188 Page No.1 of 3

and 285 of the Indian Penal Code r/w Section 4 of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. The incident occurred on 07.04.2016. The allegation against the accused is that they had put up posters and therefore, committed an offence under Section 4 of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. It is stated that the case is pending at the stage of fresh summons. Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from their usual place, and the submission that, despite best efforts, the summons could not be served, 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 case in C.C.No.40 of 2021 of District Munsif cum Judicial Magistrate, Cheyyur Taluk, Chengalpattu, stands quashed. This Suo Motu Transfer Case is disposed of.

15.09.2025 grs 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 Page No.2 of 3

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.

D.BHARATHA CHAKRAVARTHY, J.

grs 15.09.2025 Page No.3 of 3