State Government v. Dhanapal

Suo Motu TR.No.16253 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.16253 of 2025 (C.C.No.100023 of 2003 of District Munsif cum Judicial Magistrate Court, Thirukalukundram 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. This case is registered for alleged offences under Section 379 of the Indian Penal Code and Section 21(4) of the Mines and Minerals (Development & Regulation) Act, 1957. The incident occurred on 09.11.2001. The allegation in this case is that the accused are in the possession of 2 (1/2) units of river sand. The case is pending at the stage of NBW from the year 2003. There is no previous or subsequent case against the accused. Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from their usual place, and the submission that, despite best efforts, the warrant could not be executed, it is evident that even if the accused are brought to face trial, it would impinge upon their right to a speedy trial. Due to the passage of time, a meaningful trial is unlikely, and no useful purpose would be served.

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Suo Motu TR.No.16253 of 2025 D.BHARATHA CHAKRAVARTHY, J.

grs

3. Accordingly, the case in C.C.No.100023 of 2003 of District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu, stands quashed. This Suo Motu Transfer Case is disposed of. 06.10.2025 grs 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. Suo Motu TR.No.16253 of 2025 Page No.2 of 2 https://www.mhc.tn.gov.in/judis