R-8, L and O, Inspector of Police Vs Patchaiyammal — Madras HC (2025) — LawSathi Research

R-8, L and O, Inspector of Police Vs Patchaiyammal — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

C.C.No. 12357 of 2018 quashed and the Suo Motu Transfer Case disposed of; Trial Court directed to take note of the order, classify the case appropriately, consider pending applications (such as disposal of properties), pass appropriate orders as necessary, and dispatch the copy of the order to all concerned.

Issue for consideration

Whether C.C.No. 12357 of 2018, pending at the summons stage with the accused untraceable and summons unserved despite best efforts, should be quashed having regard to the delay and the accused's right to a speedy trial.

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 C.C.No. 12357 of 2018 on the file of XVII Metropolitan Magistrate Court, Saidapet Taluk, Chennai stands quashed, and the Suo Motu Transfer Case is disposed of.

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.), by order dated 14.10.2025 in Suo Motu TR.No.20158 of 2025 (arising from C.C.No. 12357 of 2018 of the XVII Metropolitan Magistrate Court, Saidapet Taluk, Chennai, registered as FIR Cr.No.1207 of 2017 for alleged offences under Sections 76(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, for allegedly using children for begging), quashed the criminal case and disposed of the Suo Motu Transfer Case. The accused was stated to be nomadic, without any permanent address and not traceable, and the case had remained at the summons stage despite best efforts at service. The Court held that even if the accused were brought to face trial it would impinge upon his right to a speedy trial, that due to the passage of time a meaningful trial was unlikely, and that no useful purpose would be served. The matter was dealt with by the Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No.618 of 2025, and the Trial Court was directed to classify the case accordingly, consider consequential applications (including disposal of properties) and dispatch copies of the order.

Suo Motu TR.No.20158 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.20158 of 2025

(C.C.No. 12357 of 2018 of XVII Metropolitan Magistrate Court, Saidapet Taluk, Chennai)

For Petitioner : Ms.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.

This case, Cr.No.1207 of 2017 is registered for alleged offences under Sections 76(2) of Juvenile Justice (Care and Protection of Children) Act, 2015. The allegation is that the accused used children for begging and as such the offence. It can be seen that the accused is said to be nomadic and does not have any permanent address and not to be traced out. The case is pending at summons stage.

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.

Page No.1 of 2

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

Suo Motu TR.No.20158 of 2025

D.BHARATHA CHAKRAVARTHY, J.

rap

Accordingly, the case in C.C.No. 12357 of 2018 on the file of XVII Metropolitan Magistrate Court, Saidapet Taluk, Chennai , stands quashed. This Suo Motu Transfer Case is disposed of.

14.10.2025

rap

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.20158 of 2025

Page No.2 of 2

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