Inspector Of Police, Mallur P.S v. Muhamad Hasrat

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY ( CC.799/2020 of Judicial Magistrate VI, Salem Taluk, Salem ) 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.538 of 2020 dated 11.06.2020. After completion of investigation, the case was charged for the offence under Section 279, 338 and 304(A) of Indian Penal Code, 1860. It is stated that the defacto complainant also died. Compensation has been received by the daughter of the deceased. The case is pending at summons stage. The dependents of the defacto complainant has no objection to the case being disposed of.

3. Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from his usual place, and the submission that, despite best efforts, 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.

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4. Accordingly, the case in CC.799/2020 on the file of the Judicial Magistrate VI, Salem Taluk, Salem shall stand quashed and this Suo Motu Transfer Case stand disposed of.

22.10.2025 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.

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