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Madras High CourtSUO MOTU TR/6715/2025disposed of

State Government v. Gopalakrishnan

2025-09-23Honourable Mr.Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.54 of 2008 of District Munsif cum Judicial Magistrate Court, Tirukalukundram Taluk, Chengalpattu) State Rep. by Inspector of Police, E1 Mahabalipuram Police station.

...Petitioner

Vs.

Gopalakrishnan .... 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.The case in Cr.No.9 of 2008 was registered for the alleged offence under Section 279 and 304 (A) of the I.P.C. It is stated that no claim petition has been filed. The defacto-complainant as well as the accused are not found in the respective address and remains untraceable. Page No.1 of 3

3.Considering the factual matrix, context of the case, the reason for absence from his usual place, and the submission that, despite best efforts, 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 C.C.No.54 of 2008 of District Munsif cum Judicial Magistrate Court, Tirukalukundram Taluk, Chengalpattu, stands quashed. This Suo Motu Transfer Case is disposed of. It is made clear that this order will not in any manner affect the further proceedings even if any claim petition is filed.

23.09.2025 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.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

ep 23.09.2025 Page No.3 of 3