E5, L And O, Inspector Of Police v. Gulam Thasthakir

Suo Motu TR.No.7437 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.7437 of 2025 (C.C.No.2230 of 2019 of XXIII Metropolitan Magistrate Court, Saidapet Taluk, Chennai) 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. This case is registered for alleged offences under Sections 379 and 34 of IPC. The incident occurred on 04.09.2018. The allegation is that the accused is said to have stolen the bike of the defacto complainant. However, the property involved has been recovered and handed over to the defacto complainant. However, the summons are not served on the accused since he remained elusive and not traceable. The defacto complainant is present and submits that the defacto complainant doesn't want to pursue the matter further. Page No.1 of 2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.7437 of 2025 D.BHARATHA CHAKRAVARTHY, J.

rap

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 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.

4. Accordingly, the case in CC.No.2230 of 2019 on the file of the XXIII Metropolitan Magistrate Court, Saidapet Taluk, Chennai stands quashed and this Suo Motu Transfer case is disposed of. 16.09.2025 rap 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.7437 of 2025 Page No.2 of 2 https://www.mhc.tn.gov.in/judis