Sho, D Nagar P.S. Vs Assen — Madras HC (2025) — LawSathi Research

Sho, D Nagar P.S. Vs Assen — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Case in C.C.No.1200350 of 2015 of Judicial Magistrate No.I, Puducherry Taluk, Puducherry quashed; Suo Motu Transfer Case disposed of; Trial Court directed to take note of the order, classify the case as allowed/dismissed/disposed of as appropriate, consider applications such as disposal of properties and pass appropriate orders, and dispatch a copy of the order to all concerned.

Issue for consideration

Whether the long-pending case in C.C.No.1200350 of 2015 (offence under Section 379 r/w 34 IPC, incident of 03.12.2009), pending at the NBW stage with the warrant unexecuted, ought to be quashed given the passage of time and the unlikelihood of a meaningful trial.

Court's answer

Considering the factual matrix, context, antecedents of the accused, reason for absence from his usual place, and the failed execution of the warrant despite best efforts, even if the accused is brought to face trial it would impinge upon his right to a speedy trial; due to the passage of time a meaningful trial is unlikely and no useful purpose would be served.

Ratio / Principle

The case in C.C.No.1200350 of 2015 of Judicial Magistrate No.I, Puducherry Taluk, Puducherry stands quashed, and the Suo Motu Transfer Case is disposed of.

Detailed headnote1 paragraphs

Suo Motu Transfer (Criminal) — Quashing of long-pending trial — Case in C.C.No.1200350 of 2015, Judicial Magistrate No.I, Puducherry Taluk, for alleged offence under Section 379 r/w 34 IPC, arising from an incident of 03.12.2009 — property already recovered and handed over to the de facto complainant, who died — case pending at NBW stage; warrant could not be executed despite best efforts — Held, bringing the accused to trial would impinge his right to speedy trial; owing to passage of time a meaningful trial is unlikely and no useful purpose would be served; case quashed and Suo Motu Transfer Case disposed of — Trial Court directed to classify the case, consider applications such as disposal of properties, and communicate the order to all concerned (D. Bharatha Chakravarthy, J., 09.10.2025; dealt with by Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No.618 of 2025).

Suo Motu TR.No.15751 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.15751 of 2025

(C.C.No.1200350 of 2015 of Judicial Magistrate No.I, Puducherry Taluk, Puducherry)

For Petitioner : Mr.M.V.Ramachandra Murthy Additional Public Prosecutor (Puducherry)

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.

This case is registered for alleged offence under Section 379 r/w 34 of the Indian Penal Code. The incident occurred on 03.12.2009. The property was recovered and handed over to the de facto complainant. The de facto complainant died. The case is pending at the stage of NBW. Considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from his usual place, and the submission that, despite best efforts, the warrant could not be executed, it is evident that even if the accused is brought to face trial, it would impinge upon his right to a speedy trial. Due to the passage of time, a meaningful trial is unlikely, and no useful purpose would be served.

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Suo Motu TR.No.15751 of 2025

grs

D.BHARATHA CHAKRAVARTHY, J.

Accordingly, the case in C.C.No.1200350 of 2015 of Judicial Magistrate No.I, Puducherry Taluk, Puducherry, stands quashed. This Suo Motu Transfer Case is disposed of.

09.10.2025

grs

Note to the Trial Court: This order is digitally signed and communicated 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.

Suo Motu TR.No.15751 of 2025

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