The Inspector Of Police Kandamangalam v. Ganesh And 7 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (P.R.C.No.900030/2018 of Judicial Magistrate Court No.II, Villupuram Taluk, Villupuram) For Petitioner : Ms.G.V.Kasthuri 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.2 of 2004 for the alleged offences under Sections 147, 148, 448, 324, 326 and 307 of the I.P.C. and Section 3 of T.N.P.P.D.L Act. The occurrence said to have happened in the year 2004. The case in respect of other accused is proceeding after committal. As far as this P.R.C. is concerned it involves totally eight accused. Of the eight accused A11, A28 and A30 in the original case who are the three out of eight accused in this case are said to be arrayed on account of an error of double entry. With reference to the other five accused also it is now represented that there are no persons by that name. In view thereof, instead of best efforts the summons could not be served and consequently warrant is pending. No useful purpose will be served by keeping the matter pending. Page No.1 of 3

D.BHARATHA CHAKRAVARTHY, J.

3.Accordingly, this is a fit case for exercise of power under Article 226 of the Constitution of India and 482 of Cr.P.C. to treat P.R.C.No.900030/2018 of Judicial Magistrate Court No.II, Villupuram Taluk, Villupuram, as closed, with liberty to the prosecution that, in future if any clue as to the accused herein is obtained to the fact that they are really available and they are traceable or any one of them resurfaced and found to be true, the case can be reopened and conducted. Otherwise, the case shall be treated as closed. This Suo Motu Transfer Case is disposed of.

10.10.2025 ep 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

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