State Of Tamilnadu v. Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.100317 of 2015 of Judicial Magistrate Court , Sriperumbudur Taluk, Kancheepuram) 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.876 of 2016 dated 23.11.2016 for the alleged offence under Sections 279 and 304(A) of Indian Penal Code, 1860. It is reported that in this case, the defacto complainant is present and submits that she has not filed any claim petition. Therefore, the police are directed to serve a set of papers on the defacto complainant. The defacto complainant is at liberty to file a claim petition, if she so desires and she may also approach the Legal Aid Authority where the legal aid services shall be provided to her. It is submitted that the case is presently pending at the stage of service of summons and there is no previous or subsequent case against the accused.

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4. 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.

5. Accordingly, the case in C.C.No.100317 of 2015 on the file of Judicial Magistrate Court , Sriperumbudur Taluk, Kancheepuram shall stand quashed and this Suo Motu Transfer Case stand disposed of. It is made clear that disposal of this case will not, in any manner, affect their right to file a claim petition.

23.09.2025 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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D.BHARATHA CHAKRAVARTHY, J.

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