Paulmillah v. Moorthi @ Krishnamoorthi And 1 Other

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (P.R.C.No.100004 of 2004 of Judicial Magistrate Court, Dharapuram, Dharapuram Taluk, Tiruppur) For Petitioner : Mr.S.Sugendran 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 case is registered for alleged offence under Section 397 of the Indian Penal Code. The incident occurred on 16.05.2002. It is stated that only part of the property is recovered. The trial continued against the first accused and he was also convicted and has undergone the sentence also. An absconding charge sheet was filed against the accused Nos.2 and 3. They were not found at any point of time. The de facto complainant has no objection in quashing the case. The case is pending from the year 2001 i.e., for the past 21 years at the stage of NBW against the accused Nos.2 and 3. Even though there are other antecedents, the matter is considered because of the long pending of the matter. Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from their usual place, and the submission that, despite best efforts, the warrant could not be executed, it is evident that even if the accused are brought to face trial, it would impinge upon their right to a speedy trial. Due to the passage of time, a meaningful Page No.1 of 3

trial is unlikely, and no useful purpose would be served. Page No.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

grs

3. Accordingly, the case in P.R.C.No.100004 of 2004 of Judicial Magistrate Court, Dharapuram, Dharapuram Taluk, Tiruppur, stands quashed. This Suo Motu Transfer Case is disposed of.

26.09.2025 grs 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.3 of 3