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Madras High CourtSUO MOTU TR/15119/2025disposed of

Sub Inspector Of Police, B3 Vh Road Ps v. Darvin

2025-10-07Honourable Mr.Justice D.Bharatha Chakravarthy2 pages

Suo Motu TR.No. 15119 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.15119 of 2025 (C.C.No.435 of 2022 of Judicial Magistrate Court No. V, Coimbatore Taluk, Coimbatore) For Petitioner : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

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.13 of 2022 dated 16.01.2022 for the alleged offence under Section 379 of Indian Penal Code, 1860. The allegation in this case is that the accused committed a theft of motor cycle. It is reported that the stolen property has already been recovered and returned to the defacto complainant. Further, it is submitted that the case is presently pending at the stage of summons. During the year 2022, two cases were registered against the accused. Apart from those two cases, the accused has not been involved in any other criminal case or offence thereafter. The defacto complainant is present before the Court and has stated that he does not want to pursue the case any further.

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Suo Motu TR.No. 15119 of 2025 D.BHARATHA CHAKRAVARTHY, J.

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 C.C.No. 435 of 2022 on the file of Judicial Magistrate Court No. V, Coimbatore Taluk, Coimbatore shall stand quashed and this Suo Motu Transfer Case stand disposed of. 07.10.2025 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.

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