Si of Police, Vaniyambadi Taluk Police Station… — Murder and Culpable Homicide | Madras HC (2025)

Si of Police, Vaniyambadi Taluk Police Station… — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

Quashing of the proceedings in C.C.No.106 of 2021 (Judicial Magistrate Court, Vaniyambadi Taluk, Tirupathur) and disposal of the Suo Motu Transfer Case; Trial Court directed to classify the case, consider ancillary applications such as disposal of properties, and dispatch copies of the order to all concerned.

Issue for consideration

Whether the pending proceedings in C.C.No.106 of 2021 (Crime No.1101 of 2020, Sections 279, 337, 304(A) IPC) should be quashed where the defacto complainant is not traceable, the summons/warrant could not be served on the absent accused, and a meaningful trial is unlikely due to the passage of time.

Court's answer

The proceedings in C.C.No.106 of 2021 on the file of the Judicial Magistrate Court, Vaniyambadi Taluk, Tirupathur are quashed.

Ratio / Principle

Even if the accused is brought to face trial, it would impinge upon his right to a speedy trial.

Key takeaways

Due to the passage of time, a meaningful trial is unlikely and no useful purpose would be served by continuing the proceedings.ratio¶21

Detailed headnote1 paragraphs

Criminal Law – Quashing of proceedings – Right to speedy trial – Suo Motu TR.No.20621 of 2025 (arising out of C.C.No.106 of 2021, Judicial Magistrate Court, Vaniyambadi Taluk, Tirupathur, from Crime No.1101 of 2020 dated 30.09.2020 under Sections 279, 337 and 304(A) of the Indian Penal Code), dealt with by the Dedicated Bench pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025 – defacto complainant not traceable; not known whether any claim petition filed; disposal stated not to prejudice any claim – accused absent from usual place and summons/warrant could not be served/executed despite best efforts – bringing the accused to trial would impinge his right to a speedy trial; due to passage of time a meaningful trial is unlikely and no useful purpose would be served – proceedings in C.C.No.106 of 2021 quashed and the Suo Motu Transfer Case disposed of (D. Bharatha Chakravarthy, J., 23.10.2025) – Trial Court directed to classify the case, consider applications such as disposal of properties, and dispatch copies of the order to all concerned.

Suo Motu TR.No.20621 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.20621 of 2025

(C.C.No.106 of 2021 of Judicial Magistrate Court, Vaniyambadi Taluk, Tirupathur.)

For Petitioner : Mr.S.Vinoth Kumar, 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 in Crime No.1101 of 2020 dated 30.09.2020 is

registered for alleged offences under Sections 279, 337, 304(A) of Indian

Penal Code. The defacto complainant not traceable, it is not known whether any claim petition filed or not and the accused is FS stage the

disposal of this case will not in any manner prejudice the claim if any.

Considering the factual matrix, context of the

1/2

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

Suo Motu TR.No.20621 of 2025

D.BHARATHA CHAKRAVARTHY, J.

rna case, the antecedents of the accused, the reason for absence from his usual place, and the submission that, despite best efforts, the summons / warrant could not be served / 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.

Accordingly, the proceedings in C.C.No.106 of 2021 on the file of Judicial Magistrate Court, Vaniyambadi Taluk, Tirupathur is quashed and

this Suo Motu Transfer Case is disposed of.

23.10.2025

rna

NOTE: 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.20621 of 2025

2/2

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