Tiw P.S v. Marimuthu

Suo Motu TR.No.8345 of 2025 Suo Motu TR.No.8345 of 2025 D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 24.10.2025. 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: 24.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.8345 of 2025 (C.C.No.2000028 of 2016 of Judicial Magistrate V, Salem Taluk, Salem.) 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 Crime No.477 of 2014 dated 08.08.2014 for the alleged offence under Sections 279, 304(A) of Indian Penal Code, 1860. The accused appeared and warrant was recalled.

3. It is reported that in this case, 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 1/2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.8345 of 2025 D.BHARATHA CHAKRAVARTHY, J.

rna case is presently pending at the stage of warrant 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 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.

5. Accordingly, the case in C.C.No.2000028 of 2016 of Judicial Magistrate V, Salem Taluk, Salem 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. 24.10.2025 rna 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 rna Suo Motu TR.No.8345 of 2025 2/2 https://www.mhc.tn.gov.in/judis