P.T.Dhinakar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN P.T.Dhinakar ... Petitioner Vs.

1.

The State rep.by the Inspector of Police, District Crime Branch, Nagapattinam, Nagapattinam District, Crime No.22 of 2022.

2.

K.Ashokumar ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the learned Judicial Magistrate No.1, Nagapattinam to dispose of the case in C.C.No.125 of 2023, within the time frame fixed by this Court. For Petitioner : Mr.P.Dhananjayan For Respondents : Mr.J.Umacharan 1/5

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.1, Nagapattinam to dispose of the case in C.C.No.125 of 2023, within a stipulated period that may be fixed by this Court.

2. It would be appropriate to note that since thousands of cases are pending in the Courts and the litigants are awaiting in a long queue, the Hon'ble Supreme Court in the case of Sangram Sadashiv Suryavanshi Vs. The State of Maharashtra in Criminal Appeal No.4758 of 2024 dated 25.11.2024 has observed that the High Courts are fixing time-bound schedule for conclusion of trial in a routine manner, despite the decision of the Constitution Bench of the Supreme Court in the case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh reported in (2024) 6 SCC 267, which reads as under:

"47.3. constitutional courts, in the ordinary 2/5

course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending."

3. In view of the above decision of the Hon'ble Supreme Court, this Court is not inclined to fix any specific time limit to expedite the trial. However, the trial Court is directed to complete the trial as early as possible as per roaster.

4. Accordingly, this Criminal Original Petition is dismissed. 30.01.2025 Index : Yes / No Speaking Order : Yes / No ms 3/5

To

1. The Judicial Magistrate No.1, Nagapattinam.

2. The Inspector of Police, District Crime Branch, Nagapattinam, Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

4/5

P.VELMURUGAN. J.

ms 30.01.2025 5/5