Sho Thirunallar Ps v. Rajapandiyan

Already, this Court disposed of this Suo Motu Transfer Case on 12.09.2025. 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: 12.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY ( C.C.No.559/2023 of Judicial Magistrate No.II Court Karaikal, Karaikal Taluk, Karaikal ) The State rep. by The Station House Officer, Thirunallar Police Station, Karaikal ... Petitioner Vs.

Rajapandian ... Respondent For Petitioner : Mr.M.V.Ramachandra Murthy Additional Public Prosecutor Puducherry

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.149 of 2022 dated 11.12.2022 for the alleged offence under Section 379 r/w 34 of Indian Penal Code, 1860. The stolen property of 4 sovereigns of Gold chain has been recovered and returned to the defacto complainant. The complainant is present before this Court and has submitted that he does not wish to pursue the case any further. The accused has no previous or subsequent case.

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3. Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from their usual place, and the submission that, despite best efforts, the non-bailable warrant could not be served, it is evident that even if the accused are brought to face trial, it would impinge upon their 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.559/2023 on the file of the Judicial Magistrate No.II Court Karaikal, Karaikal Taluk, Karaikal shall stand quashed and this Suo Motu Transfer Case stand disposed of. 12.09.2025 shl 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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