Thakkolam Police v. Unnikrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (CC.3/2024 of Judicial Magistrate No.2 Court, Arakkonam Taluk, Ranipet) 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.

This case is registered in Cr.No.52 of 2002 for alleged offence under Sections 409 of Indian Penal Code. This is an occurrence of the year 2002. The allegation in this case is that the accused was working as Constable in CISF Unit FCI, Gorakhpur. While so, during the period from August 2000 to October 2001, when he was performing the duties of Mess Writer, he misappropriated a sum of Rs.30,997.35/- from the funds of the canteen. It is submitted that the defacto complainant is not traceble. It is further submitted that there is no previous or subsequent case as against the accused and the matter is pending at the warrant stage.

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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, the warrant could not be executed, 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. 4.

Accordingly, the proceedings in CC.3/2024 of Judicial Magistrate No.2 Court, Arakkonam Taluk, Ranipet is quashed and this Suo Motu Transfer Case is disposed of.

19.09.2025 veda 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.

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