Sub Inspector Of Police, Bargur v. Saravanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (P.R.C.No.600010 of 2018 of Judicial Magistrate No.2, Bhavani Taluk, Erode) 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 case in Cr.No.08 of 2005 is registered for alleged offences under Section 353, 307 IPC r/w 25(1) (1-B), (a) of I.A. Act, 1959 r/w 3 of I.A.Act(a Sec.B(e) r/w 20 (b) (ii) NDPS Act, 1985 and Section 21(d) of Tamil Nadu Forest Act, 1882, Section 39(2), 49 and 51 of Wild Life Act in to 353, 307 and 34 I.P.C, 25(1-B) (a) r/w 3 of Indian Arms Act, 20(b)(ii)(A) of NDPS Act, 9(3)(1)(b) of Explosives Act, 21(d)(h) of Tamil Nadu Forest Act and 9 & 39 r/w 51(1) of Wild Life (Protection) Act, 1972. This is a split up case as against A5 and A7. This is an occurrence of the year 2005. It is submitted that out of the 2 accused, A7 has since died. However, there is difficulty in Page No.1 of 4

obtaining the death certificate. As far as A5 is concerned, it is submitted that he has no previous or subsequent case. With reference to the split up case, absolutely no records are available, in view of shear efflux of time. Even for trying the present accused, the relevant evidence, such as the material objects or the specimens etc., are missing. It is further submitted that defacto complainant and their relatives could not be found in the relevant address. 3.

Considering the overall facts and circumstances of the case and the submission that in spite of the best efforts of the official who was successfully executed the warrant in many cases, in this case warrant could not be executed against this accused. In view thereof, no useful purpose will be served in keeping the matter pending.

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4.

Accordingly, the case in P.R.C.No.600010 of 2018 on the file of Judicial Magistrate No.2, Bhavani Taluk, Erode is quashed and this Suo Motu Transfer Case is disposed of.

10.10.2025 veda 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. D.BHARATHA CHAKRAVARTHY, J.

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