The State Rep By Its Inspector Of Police,F1 v. A.Francies @Mambatiyan @ Srikanth

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (PRC.No.98 of 2012 of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai) State Rep.by its The Inspector of Police, F1, Chindhatripet Police Station, Triplicane, Chennai.

... Petitioner Vs.

Francis @ Mambatiyan @ Sriganth ... 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.819 of 2009 for the alleged offence under Section 397 of I.P.C. The allegation in this case is that the accused attempted to commit theft. It is reported that the stolen property has already been recovered and returned to the defacto complainant. It is also Page No.1 of 3

reported that the defacto complainant is not found in the respective address and remain untraceable. The accused has one more case. The case is pending from the year 2009 at the stage of service of summon on the accused.

3. Considering the factual matrix, context of the case, the reason for absence from his usual place, and the submission that, despite best efforts, the summons could not be served, and the matter has been pending since 2009, any further continuation of the trial would impinge upon his right to a speedy trial of the accused and no useful purpose would be served.

4. Accordingly, the proceedings in PRC.No.98 of 2012 of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai), is quashed and this Suo Motu Transfer Case is disposed of.

25.09.2025 mtl 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.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

mtl 24.09.2025 Page No.3 of 3