The Inspector Of Police v. Siva Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (PRC.No.700031 of 2012 of Judicial Magistrate No.I, Krishnagiri Taluk, Krishnagiri) For Petitioner : Mrs.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.

This is a case of heinous offence under Section 302 of IPC on account of a marital discord. It is seen that the husband/accused/Siva Kumar had pushed down the wife/victim and with a vegetable cutting knife slit her throat and caused death. There are two children born out of the marriage. Now, the defacto complainant being the father-in-law of the accused is said to have passed away. The mother-in-law of the accused submits that even the Page No.1 of 4

gold chain that has been recovered during the investigation was not handed over to her. It is stated that the chain is under the custody of the trial Court.

3. Upon receipt of a copy of this order, the mother-in-law of the accused i.e., mother of the victim shall be produced before the trial Court by the respondent police and by only getting a formal affidavit etc., the property shall be returned to the said mother-in-law, who shall receive the same on behalf of the two minor children.

4. It is stated that the said Siva Kumar is totally unheard of and the warrant is pending continuously for more than 10 years. Even the mother of the victim has also confirmed that the accused is not at all present and remains untraceable. In view thereof, it is a fit case to exercise the powers under Article 226 in Constitution of India and Section 482 in the Code of Criminal Procedure, 1973.

5. Accordingly, the case in PRC.No.700031 of 2012 of Judicial Magistrate No.I, Krishnagiri Taluk, Krishnagiri is closed with the liberty/duty kept open to the prosecution to reopen the same if the accused resurfaces or prosecution gets any further or new clue as against the accused and the above Page No.2 of 4

directions with regard to handover of the property shall be complied with by the trial Court. This Suo Motu Transfer Case is disposed of. 27.10.2025 mpl 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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