The State rep by its Sub Inspector of Police, Vs Deena @ Kakka and 3 Others — Madras HC (2025) — LawSathi Research

The State rep by its Sub Inspector of Police, Vs Deena @ Kakka and 3 Others — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the proceedings in C.C.No.6901 of 2022 on the file of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai; Suo Motu Transfer Case disposed of; Trial Court directed to take note of the order, classify the case, consider applications such as disposal of properties, and dispatch copies to all concerned.

Issue for consideration

Whether the criminal proceedings in C.C.No.6901 of 2022 (offence under Section 379 IPC) should be quashed in view of the passage of time, the antecedents of the accused, the death of A3, the accused's absence from his usual place and the non-execution of the warrant, having regard to the right to a speedy trial.

Court's answer

Even if the accused were brought to face trial, continuation of the proceedings would impinge upon their right to a speedy trial.

Ratio / Principle

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

Key takeaways

The proceedings in C.C.No.6901 of 2022 on the file of the XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai are quashed and the Suo Motu Transfer Case is disposed of.ratio¶20
The Trial Court is directed to take note of the order, classify the pending case as allowed/dismissed/disposed of, consider ancillary applications such as disposal of properties and pass appropriate orders, and to dispatch a copy of the order to all concerned.ratio¶23

Detailed headnote1 paragraphs

Criminal Procedure - Quashing of pending trial - Suo Motu Transfer Case arising from C.C.No.6901 of 2022 (XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai) for offence under Section 379 IPC (theft of a cell phone, incident dated 22.03.2022) - Accused arrested, remanded and later released on bail - A3 died during pendency - Accused recorded to have sold the cell phone and spent the money, and to have moved on and resided elsewhere - Warrant could not be executed despite best efforts - Held: bringing the accused to trial would impinge their 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.6901 of 2022 quashed and Suo Motu Transfer Case disposed of - Trial Court directed to take note of the order, classify the case as allowed/dismissed/disposed of, consider applications such as disposal of properties, and dispatch copies of the order to all concerned.

Suo Motu TR.No.2267 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.2267 of 2025

(C.C.No.6901 of 2022 of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai)

State Rep.by its Sub Inspector of Police, Chintadaripet Police Station, Chennai. ... Petitioner

Vs.

Deena @ Kakka and 3 others ... Respondents

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 of Indian Penal Code. The incident occurred on 22.03.2022. The allegation in

this case is that the accused have stolen cell phone from the defacto complainant. The accused were arrested and remanded and subsequently, they

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Suo Motu TR.No.2267 of 2025

came out on bail. Thereafter, A3 died. It was recorded that the accused have sold the cell phone and spent the money. It is submitted that accused have moved on and residing in a different place. 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 are brought to face trial, it would impinge upon their 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.6901 of 2022 on the file of XIV Metropolitan Magistrate Court, Egmore Taluk, Chennai 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.2267 of 2025

D.BHARATHA CHAKRAVARTHY, J.

veda

Suo Motu TR.No.2267 of 2025

03.09.2025

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