The State - Si Of New Hope Ps v. Sivakumar And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (STC.No.212 of 2022 of Principal District Munsif cum Judicial Magistrate Court, Gudalur Taluk, Nilgiris) State Rep. by its Sub Inspector of Police, New Hope Police station, Nilgiris.

...Petitioner

Vs.

1.Sivakumar 2.Jeyaraj 3.Sasikumar ... 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 was registered in Cr.No.117 of 2018 for the alleged offence under Sections 4A (1b) and 4B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. The allegation in this case is that the accused Page No.1 of 3

belonging to a particular political party erected a flag pole without permission. The case is pending from the year 2018. There is no previous case or subsequent case as against the accused.

3. Considering the nature of the allegation and the accused facing the case since 2018, further continuation of the trial would impinge upon the right to a speedy trial of the accused. Continuing with the case would serve no useful purpose.

4. Accordingly, the case in STC. No.212 of 2022 of Principal District Munsif cum Judicial Magistrate Court, Gudalur Taluk, Nilgiris, stands quashed. This Suo Motu Transfer Case is disposed of. 19.09.2025 mtl 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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D.BHARATHA CHAKRAVARTHY, J.

mtl 19.09.2025 Page No.3 of 3