State Government v. Ganeshan Other

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.130 of 2013 of Judicial Magistrate Court No.2, Dharmapuri Taluk, Dharmapuri) The Inspector of Police, Athiyamankottai Police Station.

...Petitioner

Vs.

1.Ganeshan 2.Pattammal .... Respondents 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.The case, Cr.No.37 of 2013 was registered for the alleged offence under Section 406 and 420 of the I.P.C. The occurrence is of the year 2013. In this case the defacto-complainant still want to proceed with the case and the same is recorded. However, it can be seen that the summons itself is not served on the accused. The accused is not available on the said address. Page No.1 of 3

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, and the matter has been pending since 2013, any further continuation of the trial would impinge upon his right to a speedy trial of the accused and no useful purpose would be served. 4.Accordingly, the case in C.C.No.130 of 2013 of Judicial Magistrate Court No.2, Dharmapuri Taluk, Dharmapuri, stands quashed. This Suo Motu Transfer Case is disposed of.

17.09.2025 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

D.BHARATHA CHAKRAVARTHY, J.

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