State Government, Mamallapuram Ps Vs Sivaraman — Madras HC (2025) — LawSathi Research

State Government, Mamallapuram Ps Vs Sivaraman — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The case in C.C.No.161 of 2023 (District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu) stands quashed; the Suo Motu Transfer Case is disposed of. The Trial Court is directed to take note of the order, classify the pending case as allowed/dismissed/disposed of etc., consider any applications such as disposal of properties, and dispatch a copy of the order to all concerned.

Issue for consideration

Whether the criminal case in C.C.No.161 of 2023 (S.392 IPC), pending at the stage of fresh summons with an unwilling de facto complainant and unserved summons, ought to be quashed in view of the accused's right to a speedy trial and the unlikelihood of a meaningful trial after the passage of time.

Court's answer

Even if the accused were 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 by continuing the case.

Ratio / Principle

On that basis, the case in C.C.No.161 of 2023 of the District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu stands quashed, and the Suo Motu Transfer Case is disposed of.

Detailed headnote1 paragraphs

Criminal Procedure – Quashing – Suo Motu Transfer Case – Madras High Court, acting through the Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No.618 of 2025, considered C.C.No.161 of 2023 of the District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu, registered under Section 392 IPC for an incident of 18.09.2022. The property had been recovered and returned to the de facto complainant, who did not wish to proceed; the case was pending at the stage of fresh summons, which could not be served on the accused despite best efforts. HELD: bringing the accused to trial at this stage would impinge upon his right to a speedy trial; with the passage of time a meaningful trial is unlikely and no useful purpose would be served. Accordingly, C.C.No.161 of 2023 stands quashed and the Suo Motu Transfer Case is disposed of. Trial Court directed to classify the case appropriately, consider applications such as disposal of properties, and communicate the order to all concerned. (D. Bharatha Chakravarthy, J., 06.10.2025)

Suo Motu TR.No.16114 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.16114 of 2025 (C.C.No.161 of 2023 of District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu)

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.

This case is registered for alleged offences under Section 392 of the Indian Penal Code. The incident occurred on 18.09.2022. The property was recovered and handed over to the de facto complainant. The de facto complainant does not want to proceed with the case further. The case is pending at the stage of fresh summons. 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 summons could not be served, 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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https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.16114 of 2025

grs

D.BHARATHA CHAKRAVARTHY, J.

Accordingly, the case in C.C.No.161 of 2023 of District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu, stands quashed. This Suo Motu Transfer Case is disposed of.

06.10.2025

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.16114 of 2025

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https://www.mhc.tn.gov.in/judis