State Rep By Its Inspector Of Police C-5 v. Ganeshkumar

D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 24.09.2025. 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: 24.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (P.R.C.No. 52 of 2017 of VIII Metropolitan Magistrate Court, George Town Taluk, Chennai) The State rep. by The Inspector of Police, C-5, Kothavalchavadi Police Station, Law and Order Wing, Chennai - 600 001.

... Petitioner Vs.

Ganeshkumar ... Respondent 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.69 of 2015 dated 22.01.2015 for the alleged offence under Section 341, 294(b), 392, 397, 336, 427 and 506(ii) of Indian Penal Code, 1860. It is reported that the stolen property Page No.1 of 3

has already been recovered and is currently kept in the custody of the Court and there is no previous or subsequent case as against the accused. Further, it is submitted that the case is presently pending at the stage of summons. Since defacto complainant has died, his legal heirs shall submit an application for return of property, the same shall be returned.

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 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.

4. Accordingly, the case in P.R.C.No. 52 of 2017 on the file of VIII Metropolitan Magistrate Court, George Town Taluk, Chennai shall stand quashed and this Suo Motu Transfer Case stand disposed of. 24.09.2025 nsl 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.

17.11.2025 nsl Page No.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

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