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Madras High CourtSUO MOTU TR/7962/2025disposed of

Pallikaranai Police Station v. Nazir

2025-09-16Honourable Mr.Justice D.Bharatha Chakravarthy3 pages

D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 16.09.2025. However, today, this matter is listed under the caption 'For being mentioned'. The error mentioned is corrected and the following is the corrected order:-

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.300508 of 2018 of Judicial Magistrate Court No. II, Alandur Taluk, Chengalpattu) The State rep. by The Inspector of Police, Pallaikaranai Police Station, St.Thomas Mount.

... Petitioner Vs.

1. Nazir

2. Saravanan ... 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 was registered in Cr.No.2521 of 2017 dated 22.10.2017 for the alleged offence under Section 379 of Indian Penal Page No.1 of 3

Code, 1860. The stolen property has already been recovered and returned to the defacto complainant. It is submitted that there is no previous or subsequent case as against the accused and case is presently pending at the stage of summons. The defacto complainant is present before the Court and has stated that he does not want to pursue the case any further.

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 C.C.No.300508 of 2018 on the file of the Judicial Magistrate Court No. II, Alandur Taluk, Chengalpattu shall stand quashed and this Suo Motu Transfer Case stand disposed of. 16.09.2025 nsl Note to the Trial Court: This order is digitally signed and communicated 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. 17.11.2025 nsl Page No.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

nsl 17.11.2025 Page No.3 of 3