Inspector Of Police v. Madras Kumar@Utharapalli Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.20017 of 2025 (PRC.No.100008 of 2018 of the District Munsif cum Judicial Magistrate Court, Denkanikottai 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.

The case was registered in Cr.No.770 of 1997 dated 26.11.1997 for the alleged offence under Sections 307 of IPC and 25 (l-B) (a) of Indian Arms Act, r/w 120 (B) of IPC.

3. The occurrence of this case took place in the year 1997. There are totally five accused in this case. All these five accused belonging to a banned extremist organization are said to have attempted to murder the defacto Page No.1 of 4

complainant injured witness Lagumaiya and hence the case. The injured witness doesn't want to pursue the case any further. It is stated that the A2 namely Baskar @ Gunasekar @ Chinna Thambi and A4 namely Windai Vendan @ Govidan @ Govindaraj are said to have died. The accused A3 namely Venkata Giriappa, @ Mainer Korose and A5 namely Krishnappa are said to have been convicted in a different case on the file of Thali Police station and are already awarded life sentence and are undergoing life sentence. Now, this case is pending in respect of accused A1 alone.

4. Even though the offence is serious in nature, it is stated that the accused A1 was never traced out thereafter. In spite of sincere efforts of the police, he could not be located and the chances of tracing him out seems to be bleak. The other accused who are now facing the life sentence have also been attending the case all along. In view of sheer efflux of time, it is represented on behalf of the police that no meaningful trial is likely, and no useful outcome is expected. The defacto complainant as well as the police are in favour of closing this case which is unnecessarily clogging the system. The occurrence was in the year 1997 and there is no point in continuing the case after 28 years. It is evident that even if the other accused who are attending the case are brought to face trial, it would impinge upon their right to a speedy Page No.2 of 4

trial.

5. Accordingly, the case in PRC.No.100008 of 2018 on the file of District Munsif cum Judicial Magistrate Court, Denkanikottai Taluk, Krishnagiri shall stand quashed and this Suo Motu Transfer Case stand disposed of.

29.10.2025 ssa 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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