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Madras High CourtSUO MOTU TR/10415/2025disposed of

Inspector Of Police v. Javith

2025-10-07Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.800012 of 2009 Judicial Magistrate No.II, Krishnagiri Taluk, Krishanagiri) State rep by The Sub Inspector of Police, Taluka Police Station, Krishnagiri District.

... Petitioner Vs.

1 Basheer 2 Naveeth 3 Javid 4 Muneer 5 Apsar ... Respondents For Petitioner : Mr.S.Vinoth Kumar Govt. 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. Page No.1 of 4

2.The case in PRC.No.12 of 2009 was taken on the file of Judicial Magistrate No.II, Krishnagiri Taluk, Krishanagiri for the alleged offence under Section 147,336, 427 of IPC and 3(1) of TNP Act, 1992. There are totally six accused in this case. The mother case in S.C.No.47 of 2007 proceeded further and resulted in an acquittal. The grounds for acquittal also apply to the present accused. The matter has been pending for the execution of warrant.

3.Considering the factual matrix, context of the case, the background of the accused, the reason for absence from her usual place, and the submission that, despite best efforts, the warrant could not be executed and the accused remains elusive for the past 36 years, it is evident that even if the accused is brought to face trial, it would impinge upon her right to a speedy trial. Due to the passage of time, a meaningful trial is unlikely, and no useful purpose would be served.

Page No.2 of 4

4.Accordingly, the case in PRC.No.12 of 2009 of Judicial Magistrate No.II, Krishnagiri Taluk, Krishanagiri stands quashed. This Suo Motu Transfer Case is disposed of.

07.10.2025 mp 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.3 of 4

D.BHARATHA CHAKRAVARTHY, J.

mp Suo Motu TR.No.10415 of 2025 07.10.2025 Page No.4 of 4