State Government Rep. By Villianur Ps v. Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (STC.No.3920 of 2024 of Judicial Magistrate No.VI, Puducherry Taluk,Puducherry) For Petitioner : Mr.M.V.Ramachandra Murthy ADPP, Puducherry Assisted by Mr.M.Thamizhmani

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.61 of 2016 for the alleged offence under Section 188, 171(E) of IPC & 127(A) of RP Act, 1951. The allegation is that the accused was canvassing the voters to cast vote in favour of particular political party by distributing pamphlets without mentioning the name of the printing office and thereby violated the code of conduct and hence the case. It can be seen that the offence under Section 188 of IPC, 1860 can be taken cognizance without any private complaint. The case is pending at summons stage.

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D.BHARATHA CHAKRAVARTHY, J.

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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 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 STC.No.3920 of 2024 on the file of Judicial Magistrate No.VI, Puducherry Taluk, Puducherry shall stand quashed and this Suo Motu Transfer Case stand disposed of.

09.10.2025 rap 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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