Thazhambur Police Station v. Ganeshkumar

Madras HC24 Oct 2025SUO MOTU TR/4840/2025

Case brief

AI extract

What is this about?

Madras High Court suo motu transfer case quashing pending theft trial under Section 392 I.P.C. (Cr.No.2991 of 2020; C.C.No.310 of 2022, Tiruporur Taluk, Chengalpattu) on grounds of delay since 2020, untraceable defacto-complainant, unserved summons, and futility of trial impinging on the accused's right to speedy trial; no useful purpose; disposed 24.10.2025 by D. Bharatha Chakravarthy, J., Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No.618 of 2025; directions to Trial Court on classification and property disposal.

What did the court decide?

C.C.No.310 of 2022 (District Munsif cum Judicial Magistrate, Tiruporur Taluk, Chengalpattu) quashed; Suo Motu TR.No.4840 of 2025 disposed of; Trial Court directed to classify the case, consider property-disposal applications and communicate the order to all concerned. ¶¶17

Thazhambur Police Station Vs Ganeshkumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the pending case in C.C.No.310 of 2022 (District Munsif cum Judicial Magistrate, Tiruporur Taluk, Chengalpattu) should be quashed, given that the matter has been pending since 2020, the defacto-complainant is untraceable, the summons could not be served despite best efforts, and a meaningful trial is unlikely.

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Court's answer

Considering the factual matrix, the accused's antecedents, the reason for his absence from his usual place and the failure to serve summons, even if the accused were brought to face trial it would impinge upon his right to a speedy trial; a meaningful trial is unlikely and no useful purpose would be served.

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Ratio / Principle

The case in C.C.No.310 of 2022 of the District Munsif cum Judicial Magistrate, Tiruporur Taluk, Chengalpattu stands quashed, and the Suo Motu Transfer Case is disposed of.

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Key takeaways

The Trial Court shall take note of the order, classify the case as allowed/dismissed/disposed of etc., consider pending applications such as disposal of properties while doing so, pass appropriate orders as necessary, and dispatch a copy of the order to all concerned.ratio¶¶20

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT MADRAS (D. Bharatha Chakravarthy, J.) — Suo Motu TR.No.4840 of 2025, arising from C.C.No.310 of 2022, District Munsif cum Judicial Magistrate, Tiruporur Taluk, Chengalpattu (decided 24.10.2025): Case registered in Cr.No.2991 of 2020 under Section 392 I.P.C. alleging theft of the complainant's gold jewels; jewels already recovered and returned to the complainant; defacto-complainant untraceable; summons unserved despite best efforts; matter pending since 2020; no previous or subsequent case against the accused. Held: bringing the accused to trial would impinge upon his right to a speedy trial; a meaningful trial is unlikely and no useful purpose would be served — case quashed and the suo motu transfer case disposed of. Trial Court to take note, classify the case, consider disposal-of-properties applications and dispatch copies to all concerned. Order passed by the Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No.618 of 2025.

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Suo Motu TR.No.4840 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.10.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

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Suo Motu TR.No.4840 of 2025

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(C.C.No.310 of 2022 of District Munsif cum Judicial Magistrate, Tiruporur Taluk, Chengalpattu)

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For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

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ORDER

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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.

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2.The case was registered in Cr.No.2991 of 2020 for the alleged offence under Section 392 I.P.C. The allegation in this case is that the accused committed theft of complainant's gold jewel. It is reported that the gold jewels has been recovered and handed over to the complainant. It is reported that presently the defacto-complainant is not found in the respective address and remains untraceable. The matter has been pending since 2020. There is no previous or subsequent case against the accused.

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3.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.

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Page No.1 of 2

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

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Suo Motu TR.No.4840 of 2025

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D.BHARATHA CHAKRAVARTHY, J.

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4.Accordingly, the case in C.C.No.310 of 2022 of District Munsif cum

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Judicial Magistrate, Tiruporur Taluk, Chengalpattu, stands quashed. This Suo Motu Transfer Case is disposed of.

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24.10.2025

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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.4840 of 2025

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Page No.2 of 2

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

Thazhambur Police Station v. Ganeshkumar

Case brief

What is this about?

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Thazhambur Police Station v. Ganeshkumar

Case brief

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