App v. Sarath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (S.T.C.No.100046 of 2017 of Judicial Magistrate Court No.II, Tindivanam Taluk, Villupuram) 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.This case is registered in Cr.No.189 of 2016 for the alleged offences under Sections 279 and 338 of the I.P.C. The accident occurred on 10.04.2016. In this case the defacto-complainant is said to have received the compensation amount. However, he has objection in closing the case. Be that as it may. The occurrence is of the year 2016. The matter has been pending since 2016, for service of summons.

3.Considering the factual matrix, context of the case, 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.

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D.BHARATHA CHAKRAVARTHY, J.

4. Accordingly, the case in S.T.C.No.100046 of 2017 of Judicial Magistrate Court No.II, Tindivanam Taluk, Villupuram, stands quashed. This Suo Motu Transfer Case is disposed of.

22.10.2025 ep 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

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