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Madras High CourtSUO MOTU TR/16728/2025disposed of

Sho,Valavanur v. Kumar

2025-10-25Honourable Mr.Justice D.Bharatha Chakravarthy2 pages

Suo Motu TR.No.16728 of 2025 Suo Motu TR.No.16728 of 2025 D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 25.10.2025. However, today, this matter is listed under the caption 'For being mentioned'. The error mentioned is corrected and the following is the corrected order:- "IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.16728 of 2025 (P.R.C.No.900010 of 2012 of Judicial Magistrate Court No.II, Villupuram Taluk, Villupuram.) For Petitioner : Mr.S.Sugendran, Additional Public Prosecutor

ORDER

This case arises out of Crime No.617 of 2011 dated 07.09.2011 and registered for an offences under Sections 341, 294 (b) and 302 of IPC. The Occurrence was on 06.09.2011. The deceased and the accused, while travelling on a public bus, engaged in a verbal altercation wherein both parties abused each other using filthy language and physically assaulted one another. Further on 06.09.2011 at about 8:00 p.m., the accused is alleged to have followed the deceased, waylaid him, and once again abused him in vulgar terms, thereafter the accused assaulted the deceased by striking him on his head with a brick, and thereafter escaped from the scene of occurrence. The injured deceased was admitted to the hospital for treatment; however, he succumbed to the head injury around 6:45 p.m., on 07.09.2011.

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Suo Motu TR.No.16728 of 2025 D.BHARATHA CHAKRAVARTHY, J.

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2. Considering the fact that the matter is pending for the past 15 years. The warrant issued against the accused could not be executed. There is no likelihood of the accused being traced in the near future. The efforts so far made by the Police to execute the warrant become futile. Thus considering the factual matrix, circumstances of the case and the ground situation, I am of the view that this is a fit case for exercise of powers under Article 226 of the Constitution of India and 482 of Code of Criminal Procedure to quash the case with liberty to the police to reopen the case and move the matter to the concerned Court, if the accused resurfaces in connection with any other case.

3. With the above direction, the proceedings in P.R.C.No.900010 of 2012 on the file of Judicial Magistrate Court No.II, Villupuram Taluk, Villupuram is quashed and the Suo MotuTransfer is disposed of 25.10.2025 rna 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." 17.11.2025 rna Suo Motu TR.No.16728 of 2025 2/2 https://www.mhc.tn.gov.in/judis