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Madras High CourtSUO MOTU TR/1427/2025retransferred to trial court

Si Of Police, Chithode Ps. v. Azhagupandi

2025-09-18Honourable Mr.Justice D.Bharatha Chakravarthy3 pages

D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 18.09.2025. 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: 18.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.250 of 2021 of Judicial Magistrate No.III, Erode Taluk, Erode) For Petitioner : Ms.G.V.Kasthuri 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.131 of 2020 for the alleged offence under Sections 379 and 511 of Indian Penal Code, 1860. The stolen property has been recovered and returned to the defacto complainant. There is no previous case or subsequent case as against the accused. It is stated that the complainant also does not want to pursue the case any further. The case is pending at summons stage.

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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.250 of 2021 of Judicial Magistrate No.III, Erode Taluk, Erode stands quashed. This Suo Motu Transfer Case is disposed of.

18.09.2025 rap Note to the Trial Court:

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."

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D.BHARATHA CHAKRAVARTHY, J.

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