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Judgment · High Court

D BHARATHA CHAKRAVARTHY

Case at a glance

Bench
D BHARATHA CHAKRAVARTHY

Provisions considered

Key paragraphs

  • Para 33. Considering the factual matrix, the context of the case, the background of the accused, the reason for his absence at his place of residence, and the submission made that, despite best efforts, the warrant could not be executed, it is clear that even if…

Judgment

Suo Motu TR.No.10596 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.10.2025CORAM:THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHYSuo Motu TR.No.10596 of 2025(CC.No.2300071 of 2018 of Judicial Magistrate No.III, Coimbatore Taluk, Coimbatore)For Petitioner : Mr.S.Sugendran Additional Public Prosecutor ORDERThis 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.

2.

This case in C.C.No.71 of 2018 was taken on the file of the Judicial Magistrate No.III, Coimbatore Taluk, Coimbatore for the alleged offence under Section 392 of IPC. There are totally four accused in this case. The mother's case in CC.No.442 of 2013 on the file of the Judicial Magistrate No.III, Coimbatore Taluk, Coimbatore proceeded further and resulted in an acquittal. The other accused persons viz., A1 to A3 were absconding for long time. The matter has been pending for the execution of the warrant since 2010. It is stated that the de-facto complainant does not want to proceed the case further. Page No.1 of 2 https://www.mhc.tn.gov.in/judis Suo Motu TR.No.10596 of 2025D.BHARATHA CHAKRAVARTHY, J.

3.

Considering the factual matrix, the context of the case, the background of the accused, the reason for his absence at his place of residence, and the submission made that, despite best efforts, the warrant could not be executed, it is clear that even if the accused faces trial, no useful purpose would be served. Accordingly, the case in CC.No.71 of 2018 on the file of the Judicial Magistrate No.III, Coimbatore Taluk, Coimbatore stands quashed and this Suo Motu Transfer case is disposed of.07.10.2025mpNote 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.10596 of 2025 Page No.2 of 2

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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