Gangavalli Ps Vs Balakrishnan — Murder and Culpable Homicide | Madras HC (2025)

Gangavalli Ps Vs Balakrishnan — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

Quashing of the case in CC.163/2022 pending before Judicial Magistrate II, Attur Taluk, Salem, and disposal of Suo Motu TR.No. 219 of 2025; Trial Court directed to classify the case, address applications (including disposal of properties) and circulate the order.

Issue for consideration

Whether the criminal case CC.163/2022 (alleged offences under Sections 279 and 304(A) IPC, pending at the summons stage before Judicial Magistrate II, Attur Taluk, Salem) should be quashed on the ground that the passage of time makes a meaningful trial unlikely and no useful purpose would be served.

Court's answer

Given the antecedents of the accused, his absence from his usual place, the failure to serve summons despite best efforts, and the passage of time, bringing the accused to face trial would impinge upon his right to a speedy trial; a meaningful trial is unlikely and no useful purpose would be served.

Ratio / Principle

Accordingly, the case in CC.163/2022 on the file of Judicial Magistrate II, Attur Taluk, Salem stands quashed, and the Suo Motu Transfer Case is disposed of; the Trial Court is directed to take note of the order, classify the case accordingly, consider any applications such as disposal of properties, pass appropriate orders as necessary, and dispatch copies of the order to all concerned.

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.), Suo Motu TR.No. 219 of 2025, dealt with by the Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No. 618 of 2025: the pending case CC.163/2022 before Judicial Magistrate II, Attur Taluk, Salem - registered for alleged offences under Sections 279 and 304(A) of the Indian Penal Code, 1860, arising from a 2020 incident, stalled at the summons stage with the summons unservable despite best efforts, the dependents of the victim already compensated through a claim petition, and no previous or subsequent cases against the accused - was quashed on the ground that compelling the accused to face trial would impinge upon his right to a speedy trial, that a meaningful trial was unlikely due to the passage of time, and that no useful purpose would be served. The Suo Motu Transfer Case was disposed of accordingly, and the Trial Court directed to note and classify the order, consider applications including disposal of properties, and dispatch copies to all concerned.

Suo Motu TR.No. 219 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.219 of 2025

(CC.163/2022 of Judicial Magistrate II, Attur Taluk, Salem)

The State rep. by

The Inspector of Police, Gengavalli Police Station, Salem. ... Petitioner

Vs.

Balakrishnan ... Respondent For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

O RDER

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 279 and

304(A) of Indian Penal Code, 1860. The incident occurred in the year 2020.

The dependents of the victim has filed a claim petition, and compensation has already been awarded. It is submitted that there is no previous or subsequent

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Suo Motu TR.No. 219 of 2025

case as against the accused and case is presently pending at the stage of 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.

Accordingly, the case in CC.163/2022 on the file of Judicial Magistrate II, Attur Taluk, Salem shall stand quashed and this Suo Motu Transfer Case stand disposed of.

17.09.2025

nsl

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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Suo Motu TR.No. 219 of 2025

D.BHARATHA CHAKRAVARTHY, J.

nsl

Suo Motu TR.No.219 of 2025

17.09.2025

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