State Rep By Its Inspector Of Police C-3 v. Om Prakash And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.1921 of 2012 of VIII Metropolitan Magistrate Court, George Town Taluk, Chennai) For Petitioner : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

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 case, Cr.No.711 of 2011 is registered for alleged offence under Section 457, 380 r/w 34 of Indian Penal Code, 1860. In this case, the occurrence is of the year 2011. It is stated that the property that was stolen includes cash and silver articles, totally amounting to Rs.2,05,000/-. Of this, only a paltry portion of Rs.2,500/- alone is recovered and that is also lying in Court. As and when the defacto complainant approaches the Court concerned, the same shall be returned to the defacto complainant. It is stated that all these four accused belong to Rajasthan State.

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3. Considering that the amount recovered is only a paltry amount, the defacto complainant is neither coming forward to get the amount returned nor consenting for the case to be quashed and the defacto complainant wants the accused to be brought to book, and in spite of best efforts, their address itself could not be traced out and as on date, the warrant is also pending, this is one extraordinary situation where this case is fit for exercise of powers under Article 226 of the Constitution of India, by giving liberty to the prosecution to reopen the case or continue the case as and when any clue is obtained about the accused or the accused resurfaces.

4. With the said liberty kept open to the prosecution, the case in C.C.No.1921 of 2012 on the file of VIII Metropolitan Magistrate Court, George Town Taluk, Chennai shall stand closed and this Suo Motu Transfer Case stand disposed of.

14.10.2025 nsl 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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