State Rep By Its Sub Inspector Of Police v. Nirmar Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.907 of 2022 of XV Metropolitan Magistrate Court, George Town Taluk, Chennai) State rep. by Sub Inspector of Police, H3.Tondiarpet Police Station, Chennai.

... Petitioner Vs.

Nirmar Kumar ... 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 was registered in Cr.No.1211 of 2021 dated 13.07.2021 for the alleged offence under Section 379 of Indian Penal Code, 1860. The allegation in this case is that the accused attempted to commit theft. It is reported that the stolen property has already been recovered and is currently kept in the custody of the Court and there is no previous or subsequent case as Page No.1 of 3

against the accused. Further, it is submitted that the case is presently pending at the stage of summons. The defacto complainant is not residing at the given address and remains untraceable till date. If the defacto complainant submits an application for return of property, the same shall be returned.

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.907 of 2022 of XV Metropolitan Magistrate Court, George Town Taluk, Chennai shall stand quashed and this Suo Motu Transfer Case stand disposed of.

24.09.2025 nsl 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.

nsl 24.09.2025 Page No.3 of 3