Sho Chinnasalem v. Prabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.Nos. 700102 of 2017, 75 of 2023 and 700118 of 2017 of Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi) The State rep. by The Station House Officer, Chinnasalem Police Station, Villlupuram.

... Petitioner in all cases Vs.

Prabu ... Respondent in Suo Motu Tr.No.15527 & 15528 of 2025 Ramesh @ Karunakaran ... Respondent in Suo Motu Tr.No.15529 of 2025 For Petitioner : Mr.S.Sugendran Additional Public Prosecutor COMMON

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. Page No.1 of 4

2. All these cases arise out of the same Crime No.78 of 2007. The occurrence took place in the year 2007. It is reported that there were two victims in this robbery. The stolen articles namely Rs.2,100/- in cash and a wrist watch, have already been recovered and handed over to LW2. LW2 has no objection to closing the case. The other victim, LW1, has since passed away. Out of the accused persons, one is regularly attending the Court and the case is pending for execution of a warrant against the remaining accused. These cases have been pending for the past 18 years without any progress. It is also seen that apart from these cases, there are no other antecedents against these accused.

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 against the absconding accused, while the lone accused has been attending Court for all these years, 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. Page No.2 of 4

4. Accordingly, the case in C.C.No.700102 of 2017, C.C.No.75 of 2023 and C.C.No.700118 of 2017 on the file of the Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi shall stand quashed and this Suo Motu Transfer Case stand disposed of.

17.09.2025 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. Page No.3 of 4

D.BHARATHA CHAKRAVARTHY, J.

nsl 17.09.2025 Page No.4 of 4