Perunagar Ps v. Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (PRC.No.100002 of 2013 of District Munsif Cum Judicial Magistrate Court, Uthiramerur Taluk, Kancheepuram) The Sub Inspector of Police, Perunagar Police Station, Kancheepuram District.

... Petitioner Vs.

Prakash .... 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. This case is registered for alleged offences under Sections 417 and 376 of IPC. The complainant who is one of the relative of the father of the defacto complainant is present before the Court and submits that the defacto Page No.1 of 3

complainant has subsequently got married and she is living with her family. The occurrence is of the year 2009. It is it has seen that the accused is native of the Orissa state and his address is generally mentioned as Perunia Village, Puri District and Orissa State. In spite of best efforts, no summons could be served and the warrant is pending. The very existence of the accused itself is in doubtful. Considering all the above, no meaningful trial is possible in future and even if the summons is served or warrant is executed, the same will also impinge upon the right to speedy trial of the accused. I am on the view that the matter need not be kept pending before the learned magistrate unnecessarily.

4. Accordingly, the case in PRC.No.100002 of 2013 on the file of District Munsif Cum Judicial Magistrate Court, Uthiramerur Taluk, Kancheepuram stands quashed and this Suo Motu Transfer case is disposed of.

11.09.2025 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.

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D.BHARATHA CHAKRAVARTHY, J.

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