State Government Vs Marimuthu — Madras HC (2025) — LawSathi Research

State Government Vs Marimuthu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the case in C.C.No.166 of 2016 of the District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu, and disposal of the Suo Motu Transfer Case, with consequential directions to the Trial Court.

Issue for consideration

Whether the pending case C.C.No.166 of 2016 (pending at the stage of fresh summons, with the de facto complainant unwilling to proceed and the accused absent from his usual place) ought to be quashed as futile, having regard to the accused's right to a speedy trial.

Court's answer

Even if the accused were 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 by continuing the prosecution.

Ratio / Principle

The case in C.C.No.166 of 2016 of the District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu stands 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, pass appropriate orders as necessary, and dispatch a copy of the order to all concerned.ratio¶¶17

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.), order dated 06.10.2025 in Suo Motu TR.No.4211 of 2025, handled by the Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No.618 of 2025: quashed C.C.No.166 of 2016 of the District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu, registered for alleged offences under Sections 294(b), 324 and 506(ii) IPC arising from an incident of 28.03.2016. The case had remained at the stage of fresh summons; the de facto complainant did not wish to proceed, and summons could not be served on the absent accused despite best efforts. Holding that any trial would impinge on the accused's right to a speedy trial, that a meaningful trial was unlikely after the passage of time, and that no useful purpose would be served, the Court quashed the case and disposed of the transfer case, directing the Trial Court to classify the case, consider applications (including disposal of properties) and dispatch copies of the order to all concerned.

Suo Motu TR.No.4211 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.4211 of 2025 (C.C.No.166 of 2016 of District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu)

For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

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 Sections 294(b), 324 and 506(ii) of the Indian Penal Code. The incident occurred on 28.03.2016. The de facto complainant does not want to proceed with the case further. The case is pending at the stage of fresh 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.

Page No.1 of 2

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

Suo Motu TR.No.4211 of 2025 D.BHARATHA CHAKRAVARTHY, J.

grs

Accordingly, the case in C.C.No.166 of 2016 of District Munsif cum Judicial Magistrate Court, Thirukalukundram Taluk, Chengalpattu, stands quashed. This Suo Motu Transfer Case is disposed of.

06.10.2025

grs

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.4211 of 2025

Page No.2 of 2

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