Madras High CourtSUO MOTU TR/14164/2025disposed of

Chitlapakkam Ps v. Danush @ Dasthagir

2025-10-06Honourable Mr.Justice D.Bharatha Chakravarthy3 pages

Already, this Court disposed of this Suo Motu Transfer Case on 06.10.2025. However, today, this matter is listed under the caption 'For being mentioned'. The error mentioned is corrected and the following is the corrected order:- "IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (CC.300392/2017 of JUDICIAL MAGISTRATE COURT NO.II, Tambaram Taluk, Chengalpattu) 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.1441 of 2016 dated 07.06.2011. After completion of investigation, the case was charged for the offence under Section 392 of Indian Penal Code, 1860. The stolen gold jewel has already been recovered and returned to the defacto complainant. It is submitted that the case is presently pending at the stage of summons. The defacto complainant does not want to pursue the case any further. Page No.1 of 3

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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 summons 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 case in CC.300392/2017 on the file of the JUDICIAL MAGISTRATE COURT NO.II, Tambaram Taluk, Chengalpattu shall stand quashed and this Suo Motu Transfer Case stand disposed of. 06.10.2025 shl 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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