S.I. Of Police, Pernambut P.S. v. Nagaraj

Suo Motu TR.No. 6666 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.6666 of 2025 (STC.1451/2018 of Judicial Magistrate Court, Gudiyatham, Gudiyatham Taluk, Vellore) For Petitioner : Mr.S.Vinoth Kumar Government 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. 2.The case was registered in Cr.No.163 of 2017 for the alleged offence under Sections 279, 338 of Indian Penal Code, 1860.

3. It is reported that in this case, the defacto complainant remains untraceable and the dependents of the victim have not filed any claim petition. Therefore, the police are directed to serve a set of papers on the family of the victim. The said family are at liberty to file a claim petition, if they so desire and they may also approach the Legal Aid Authority where the legal aid services shall be provided to them. It is submitted that the case is presently Page No.1 of 2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No. 6666 of 2025 D.BHARATHA CHAKRAVARTHY, J.

pending at the stage of summons and there is no previous or subsequent case against the accused.

4. Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from his usual place, and the submission that, despite best efforts, the summons 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.

5. Accordingly, the case in STC.1451/2018 of Judicial Magistrate Court, Gudiyatham, Gudiyatham Taluk, Vellore 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 their right to file a claim petition. 13.10.2025 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.

Suo Motu TR.No.6666 of 2025 Page No.2 of 2 https://www.mhc.tn.gov.in/judis