State Government v. Saravanakumar

D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 22.09.2025. However, today, this matter is listed under the caption 'For being mentioned' and it is stated that the earlier order was passed without hearing the accused husband in the matter and based on the instructions that were received in yet another matter. In view of the fact that the order was passed without hearing the parties, as an exceptional circumstance, the order, dated 22.09.2025 stands recalled. Today, the following corrected order is passed:- "IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY ( C.C.No.100033 of 2013 of Judicial Magistrate Court, Harur Taluk, Dharmapuri ) The State rep. by The Inspector of Police, All Women Police Station.

Harur, Dharmapuri.

... Petitioner Page No.1 of 5

Vs.

Saravanakumar ... Respondent For Petitioner : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

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. Heard the parties. The de facto complainant submits that she doesn't want to pursue the matter any further. The accused husband is present before the Court and submits that in this case, apart from the wish of the de facto complainant, there is yet another factor. When he crossexamined the Investigating Officer, he has admitted that he did not finalise and sign the Final Report and filed the same. Therefore, in this case, there is yet another aspect that is involved i.e., an enquiry has to be conducted with reference to the filing of the Final Report as to who filed the Final Report and if any criminal offence is made out, that person has to be prosecuted. He submits that the case can be closed if liberty is kept open to approach the learned Magistrate by way of appropriate application in that regard.

3. I have considered the rivals submissions made on either side and perused the material records of this case.

4. When the de facto complainant submits that trial is becoming oppressive against herself and she is unable to cope up with the same in view of her physical condition and wants the matter to be dropped further, I am of the view that no useful purpose will be served in continuing the case and the case need not be continued further.

Page No.2 of 5

5. Accordingly, the proceedings in C.C.No.100033 of 2013 of Judicial Magistrate Court, Harur Taluk, Dharmapuri, shall stand quashed. However, as prayed for by the husband, the liberty is kept open for him to make any complaint on the administrative side or to file any other petition as against the filing of the Final Report if he is so aggrieved. It is made clear that this Court is not expressing any opinion on the merits of the allegation. grs 22.09.2025 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."

04.12.2025 grs Page No.3 of 5

D.BHARATHA CHAKRAVARTHY, J.

grs Suo Motu TR.No.

10291 of 2025 Page No.4 of 5

04.12.2025 Page No.5 of 5