The Sub Inspector Of Police v. Midunmandal And 8 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.49 of 2013 of Judicial Magistrate Court No.1, Dharmapuri Taluk, Dharmapuri) The Sub Inspector of Police, Dharmapuri Police Station.

...Petitioner

Vs.

1.Mithun Mandal 2.Mohammed Basurudin 3.Mohammed Rafeik 4.Mohmmed Feoorz 5.Sabigul Islam 6.Abusamas 7.Akthar Ali 8.Mohammed Yusuf 9.Shankar Mandal .... 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.The case, Cr.No.1562 of 2011 was registered for the alleged offence Page No.1 of 4

under Section 457 and 380 I.P.C. The occurrence is of the year 2011. The allegation in this case is that the accused committed theft of 291 keypad mobile phones from the defacto-complainant's shop. It is reported that the property has been recovered and handed over to the defacto-complainant. There is no previous or subsequent previous case against the accused. 3.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 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.49 of 2013 of Judicial Magistrate Court No.1, Dharmapuri Taluk, Dharmapuri stands quashed. This Suo Motu Transfer Case is disposed of.

17.09.2025 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 Page No.2 of 4

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.3 of 4

D.BHARATHA CHAKRAVARTHY, J.

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