Disposed¶18

Si of B1 Ps v. Shanthakumar

Madras HC23 Oct 2025SUO MOTU TR/20752/2025

Case brief

AI extract

What is this about?

Speedy trial; quashing of long-pending summons-stage criminal case; summons unserved since 2015; posting posters without permission; Section 4(A)(1)(b), Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959; S.T.C.No. 1450 of 2019; Judicial Magistrate Court, Udhagamandalam Taluk, Nilgiris; Suo Motu TR.No.20752 of 2025; Dedicated Bench; Suo Motu W.P.(Crl.) No.618 of 2025; corrected order after 'For being mentioned'; High Court of Judicature at Madras.

What did the court decide?

The case in S.T.C.No. 1450 of 2019 of the Judicial Magistrate Court, Udhagamandalam Taluk, Nilgiris stands quashed; the Suo Motu Transfer Case is disposed of, with directions to the Trial Court to classify the case accordingly, consider incidental applications (including disposal of properties) and dispatch copies of the order. ¶18

Si of B1 Ps Vs Shanthakumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal case in S.T.C.No. 1450 of 2019 (alleged offence under Section 4(A)(1)(b) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959), pending at summons stage since 2015 with summons unserved despite best efforts, ought to be quashed on the ground that a meaningful trial is no longer possible.

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Court's answer

Considering the factual matrix, antecedents of the accused, reason for absence and failure to serve summons despite best efforts, bringing the accused to trial would impinge upon his right to a speedy trial; due to passage of time a meaningful trial is unlikely and no useful purpose would be served.

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Ratio / Principle

The case in S.T.C.No. 1450 of 2019 of the Judicial Magistrate Court, Udhagamandalam Taluk, Nilgiris, stands quashed and the Suo Motu Transfer Case is disposed of.

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Key takeaways

Direction to the Trial Court to take note of the order, classify the pending case as allowed/dismissed/disposed of as appropriate, consider incidental applications such as disposal of properties, pass appropriate orders, and dispatch copies of the order to all concerned.ratio¶21

Detailed headnote1 paragraphs

Madras High Court, D. Bharatha Chakravarthy, J. — Suo Motu TR.No.20752 of 2025 (arising out of S.T.C.No. 1450 of 2019, Judicial Magistrate Court, Udhagamandalam Taluk, Nilgiris), taken up by the Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No.618 of 2025. The underlying case, registered for alleged offence under Section 4(A)(1)(b) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 for posting posters without permission, had been pending at summons stage from 2015 and summons could not be served despite best efforts. Holding that even if the accused were brought to face trial it would impinge upon his right to a speedy trial, that a meaningful trial is unlikely due to passage of time, and that no useful purpose would be served, the Court quashed S.T.C.No. 1450 of 2019 and disposed of the Transfer Case, directing the Trial Court to classify the case as allowed/dismissed/disposed of as appropriate, consider incidental applications (such as disposal of properties), pass appropriate orders and dispatch copies of the order. Corrected order issued after the matter was relisted 'For being mention' following earlier disposal dated 23.10.2025.

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Suo Motu TR.No.20752 of 2025 Suo Motu TR.No.20752 of 2025

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D.BHARATHA CHAKRAVARTHY, J.

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Already, this Court disposed of this Suo Motu Transfer Case on 23.10.2025. However, today, this matter is listed under the caption 'For being mentioned'. The error mentioned is corrected and the following is the corrected order:-

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.10.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

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Suo Motu TR.No.20752 of 2025 (S.T.C.No. 1450 of 2019 of Judicial Magistrate Court, Udhagamandalam Taluk, Nilgiris)

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For Petitioner : Ms.G.V.Kasthuri Additional Public Prosecutor

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ORDER

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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.

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This case is registered for alleged offences under Section 4(A)(1)(b) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. The allegation is that the accused posted posters in some places without getting proper permission. For the said allegation, the case is pending from 2015 at summons stage.

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Page No.1 of 2

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

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Suo Motu TR.No.20752 of 2025 D.BHARATHA CHAKRAVARTHY, J.

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rap

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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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Accordingly, the case in S.T.C.No. 1450 of 2019 of Judicial Magistrate Court, Udhagamandalam Taluk, Nilgiris, stands quashed. This Suo Motu Transfer Case is disposed of.

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23.10.2025

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rap

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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.

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17.11.2025

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Suo Motu TR.No.20752 of 2025

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Page No.2 of 2

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