Si of Police, Railway Police Vs G.Murugesan — Madras HC (2025) — LawSathi Research

Si of Police, Railway Police Vs G.Murugesan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Proceedings in C.C.No.1800114 of 2018 of Judicial Magistrate III, Salem Taluk, Salem quashed; Suo Motu Transfer Case disposed of; Trial Court directed to classify the case accordingly, consider disposal-of-property applications, and circulate the order to all concerned.

Issue for consideration

Whether, given the passage of time since 2018, the non-execution of the warrant and the accused's circumstances, continuing the trial would serve any useful purpose, or whether the proceedings should be quashed in view of the accused's right to a speedy trial.

Court's answer

Considering the factual matrix, context, antecedents of the accused, the reason for absence from his usual place, and the failure to execute the warrant despite best efforts, bringing the accused to trial at this distance of time would impinge upon his right to a speedy trial; a meaningful trial is unlikely and no useful purpose would be served by continuing the proceedings.

Ratio / Principle

The proceedings in C.C.No.1800114 of 2018 of Judicial Magistrate III, Salem Taluk, Salem are quashed, and the Suo Motu Transfer Case is disposed of.

Key takeaways

The Trial Court is directed to take note of the order, classify the pending case appropriately (allowed/dismissed/disposed of, etc.), consider applications such as disposal of properties, and dispatch a copy of the order to all concerned.ratio¶21

Detailed headnote1 paragraphs

Speedy trial — quashing of long-pending 2018 criminal case. Held by the High Court of Judicature at Madras (D. Bharatha Chakravarthy, J., 03.09.2025) in a Suo Motu Transfer Case (arising out of C.C.No.1800114 of 2018, Judicial Magistrate III, Salem Taluk, Salem, registered for offences under Sections 379 & 188 IPC for theft of a mobile phone on a train): the phone having been recovered and returned, and the warrant remaining unexecuted despite best efforts owing to the accused's absence from his usual place, subjecting him to trial years later would impinge his right to a speedy trial; a meaningful trial was unlikely and no useful purpose would be served. Proceedings quashed and the transfer case disposed of. Trial Court directed to classify the case, consider property-disposal applications and communicate the order. Matter handled by the Dedicated Bench pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025.

Suo Motu TR.No.2262 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.2262 of 2025

(C.C.No.1800114 of 2018 of Judicial Magistrate III, Salem Taluk, Salem)

State

Rep.by its Sub Inspector of Police, Salem Railway Police Station, Salem. ... Petitioner Vs. G.Murugesan ... Respondent For Petitioner : Mr.S.Vinoth Kumar Govt.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 Section 379 &

188 of Indian Penal Code. The incident occurred during the year 2018. The allegation in this case is that the accused has stolen mobile phone from the defacto complainant, while he was travelling in train. The mobile phone was

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Suo Motu TR.No.2262 of 2025

recovered and handed over to the defacto complainant. 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 warrant could not be 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.1800114 of 2018 of Judicial Magistrate III, Salem Taluk, Salem is quashed and this Suo Motu Transfer Case is disposed of.

03.09.2025

veda

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.2262 of 2025

D.BHARATHA CHAKRAVARTHY, J.

veda

Suo Motu TR.No.2262 of 2025

03.09.2025

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