Sub Inspector of Police Chinnasalem Vs Sakthivel — Murder and Culpable Homicide | Madras HC (2025)

Sub Inspector of Police Chinnasalem Vs Sakthivel — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

Proceedings in CC.225/2019 of Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi quashed and Suo Motu TR.No. 363 of 2025 disposed of; Trial Court directed to take note of the digitally signed, electronically communicated order, classify the pending case as allowed/dismissed/disposed of as appropriate, consider applications such as disposal of properties and pass appropriate orders, and dispatch a copy of this order to all concerned.

Issue for consideration

Whether the summons-stage proceedings in CC.225/2019 (Crime No.188 of 2019, Sections 279 and 304(A) of IPC) should continue, given the passage of time, the failure to serve the summons despite best efforts, the antecedents and absence of the accused, and the impact on his right to a speedy trial.

Court's answer

Bringing the accused to face trial at this stage 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 by continuing the proceedings.

Ratio / Principle

Accordingly, the proceedings in CC.225/2019 of Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi are quashed and the Suo Motu Transfer Case is disposed of.

Detailed headnote1 paragraphs

Madras High Court, Suo Motu TR.No. 363 of 2025 (dealt with by the Dedicated Bench pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025): the underlying criminal case, CC.225/2019 of Judicial Magistrate Court No.II, Kallakurichi Taluk, Kallakurichi, registered in Crime No.188 of 2019 for alleged offences under Sections 279 and 304(A) IPC arising from a 2019 road incident, remained pending at the summons stage. The defacto complainant had already filed a claim petition and received compensation and did not wish to pursue the matter; there was no previous or subsequent case against the accused; and the summons reportedly could not be served despite best efforts. The Bench held that bringing the accused to trial now would impinge upon his right to a speedy trial, that a meaningful trial was unlikely given the passage of time, and that continuation would serve no useful purpose. The proceedings in CC.225/2019 were therefore quashed and the Suo Motu Transfer Case disposed of, with directions to the Trial Court to classify the case accordingly, consider applications such as disposal of properties, pass appropriate orders, and dispatch copies of the order to all concerned.

Suo Motu TR.No. 363 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.363 of 2025

(CC.225/2019 of Judicial Magistrate Court No.II , Kallakurichi Taluk, Kallakurichi)

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 in Crime No.188 of 2019 for alleged

offence under Sections 279 and 304(A) of Indian Penal Code. The incident occurred during the year 2019. It is submitted that the defacto complainant

has filed claim petition and received the compensation. It is further submitted

that the defacto complainant does not want to pursue the matter any further. It is reported that there is no previous or subsequent case as against the accused

and presently, the case is pending at the summons stage.

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

Suo Motu TR.No. 363 of 2025

D.BHARATHA CHAKRAVARTHY, J.

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 summon 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 proceedings in CC.225/2019 of Judicial

Magistrate Court No.II , Kallakurichi Taluk, Kallakurichi is quashed and this Suo Motu Transfer Case is disposed of.

13.10.2025

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.

Suo Motu TR.No.363 of 2025

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