Sub Inspector of Police Vs Pinkasing — Madras HC (2025) — LawSathi Research

Sub Inspector of Police Vs Pinkasing — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

STC.No.4409 of 2021 pending before Judicial Magistrate Court No.VIII, Coimbatore Taluk, Coimbatore quashed and the Suo Motu Transfer Case disposed; Trial Court directed to take note of the order, classify the case accordingly, consider applications such as disposal of properties, pass appropriate orders, and dispatch copies to all concerned; future claim petitions expressly unaffected by the order.

Issue for consideration

Whether the pending case STC.No.4409 of 2021 should be quashed where the accused and the defacto complainant are untraceable, the summons could not be served despite best efforts, and the passage of time makes a meaningful trial unlikely.

Court's answer

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 STC.No.4409 of 2021 on the file of Judicial Magistrate Court No.VIII, Coimbatore Taluk, Coimbatore shall stand quashed and the Suo Motu Transfer Case stands disposed of.

Key takeaways

If any claim petition is filed at a later stage in connection with the incident, the present quashing order shall not affect such proceedings.obiter¶22

Detailed headnote1 paragraphs

Criminal Procedure — Quashing of pending summons case on suo motu transfer — STC.No.4409 of 2021 (Sections 279 and 338 IPC) pending before Judicial Magistrate Court No.VIII, Coimbatore Taluk, dealt with by the Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No.618 of 2025 — accused and defacto complainant untraceable, summons unserved despite best efforts — continued prosecution would impinge on the accused's right to speedy trial; passage of time makes a meaningful trial unlikely and no useful purpose would be served — case quashed and Suo Motu Transfer Case disposed — quashing does not bar any claim petition filed later — Trial Court directed to record classification, consider property-disposal applications and circulate the order.

Suo Motu TR.No.18802 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.18802 of 2025

(STC.No.4409 of 2021 of Judicial Magistrate Court No.VIII, Coimbatore Taluk, Coimbatore)

For Petitioner : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

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 Sections 279 and

338 of Indian Penal Code, 1860. It is submitted that in this case, both the accused and the defacto complainant are not residing at the given address and remains untraceable till date. It is also not known whether any claim petition

has been filed in connection with the incident. The case is presently pending at the stage of summons.

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

Suo Motu TR.No.18802 of 2025

D.BHARATHA CHAKRAVARTHY, J.

Considering the factual matrix, context of the case, 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.

Accordingly, the case in STC.No.4409 of 2021 on the file of Judicial Magistrate Court No.VIII, Coimbatore Taluk, Coimbatore shall stand quashed and this Suo Motu Transfer Case stand disposed of. It is made clear that if any claim petition is filed at a later stage, the present order shall not affect such proceedings.

27.10.2025

ssa

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.18802 of 2025

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