Guduvancherry P.S. Vs Suresh @ Sureshkumar and Ganesh — Madras HC (2025) — LawSathi Research

Guduvancherry P.S. Vs Suresh @ Sureshkumar and Ganesh — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Proceedings in CC.900162/2013 of Judicial Magistrate Court No.II, Chengalpattu Taluk, Chengalpattu quashed; Suo Motu Transfer Case disposed of; Trial Court directed to take note, classify the case, consider applications such as disposal of properties, pass appropriate orders, and dispatch copy of the order to all concerned.

Issue for consideration

Whether the pending proceedings in CC.900162/2013 (arising from Cr.No.424 of 2013, Sections 457 & 380 IPC, pending at warrant stage since the 2013 incident, with the warrant unexecuted and the defacto complainant absent) should be quashed, on the ground that bringing the accused to trial at this stage would impinge upon his right to a speedy trial and serve no useful purpose.

Ratio / Principle

Considering the factual matrix, context, antecedents of the accused, reason for his absence and the failed warrant execution, bringing the accused to trial now 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.

Key takeaways

The proceedings in CC.900162/2013 of Judicial Magistrate Court No.II, Chengalpattu Taluk, Chengalpattu 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 case pending before it as allowed / dismissed / disposed of, as appropriate, consider any applications such as disposal of properties, pass necessary orders, and dispatch a copy of this order to all concerned.ratio¶23

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.), Suo Motu TR.No.831 of 2025, relating to proceedings in CC.900162/2013 of Judicial Magistrate Court No.II, Chengalpattu Taluk, arising out of Cr.No.424 of 2013 registered under Section 457 & 380 of IPC for break-open of the defacto complainant's house and theft of valuables. Incident of 2013; stolen properties already recovered and returned to the defacto complainant; complainant reported absent from the given address; no previous or subsequent case against the accused; case stuck at the warrant stage with the warrant unexecutable despite best efforts. Held that 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; accordingly the trial-court proceedings were quashed and the Suo Motu Transfer Case disposed of. Trial Court directed to take note, classify the case as allowed/dismissed/disposed of, consider applications (including disposal of properties) and dispatch copies. Case handled by the Dedicated Bench under Suo Motu W.P.(Crl.) No.618 of 2025.

Suo Motu TR.No.831 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.831 of 2025

(CC.900162/2013 of JUDICIAL MAGISTRATE COURT NO.II , Chengalpattu 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 in Cr.No.424 of 2013 is registered for alleged offences

under Section 457 & 380 of IPC. The incident occurred during the year 2013. The allegation in this case is that the accused break open the door and stolen valuable things from house of the defacto complainant. It is reported that the stolen properties were recovered and handed over to the defacto complainant. It is submitted that the defacto complainant is not present in the given address.. There is no previous or subsequent case as against the accused and presently, the case is pending at the warrant stage.

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

Suo Motu TR.No.831 of 2025

D.BHARATHA CHAKRAVARTHY, J.

veda

Considering the factual matrix, context of the case, 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 CC.900162/2013 of JUDICIAL MAGISTRATE COURT NO.II , Chengalpattu Taluk, Chengalpattu is quashed and this Suo Motu Transfer Case is disposed of.

06.10.2025

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.831 of 2025

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