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Madras High CourtCRL OP/1230/2026disposed of

Selvaraj v. State Rep By

2026-01-22Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Selvaraj ..Petitioner Vs State represented by The Inspector of Police, Arumbavoor Police Station, Perambalur District.

Crime No.453/2021 ..Respondent Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to pass an appropriate order or direction directing the learned Judicial Magistrate (Additional Mahila Court-JM Level), Perambalur to complete the trial of the case in C.C.No.213 of 2022, pending on his file, within a time limit to be stipulated by this Court.

For Petitioner :

Mr.M.Vijaya Ragavan For Respondent :

Mr.S.Santhosh Government Advocate (Criminal Side)

ORDER

This criminal original petition has been filed by the petitioner/de facto complainant seeking expeditious disposal of C.C.No.213 of 2022 pending on the file of the learned Judicial Magistrate (Additional Mahila Court-JM Level), Perambalur, arising out of the FIR in Crime No.453 of 2021 registered for the offences under Sections 294(b), 323 and 506(ii) of IPC on the file of the respondent Police, within a stipulated time.

2. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that there are seven (7) witnesses in this case and that the case was posted yesterday i.e. 21.01.2026 for commencement of trial.

3. Heard learned counsel on either side and perused the materials available on record.

4. It is pertinent to state that a 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, has held that the constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other court. The relevant portion of the

said decision for the sake of ready reference is reproduced below: "47.3. Constitutional courts, in the ordinary 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."

(emphasis supplied by this Court).

5. It has also been held in the aforesaid extracted portion that in exceptional circumstances, constitutional courts may issue directions for time bound disposal of cases.

6. Considering the facts and circumstances of this case and also considering that the case is of the year 2021 and the same has been pending for the past five years, which is an exceptional circumstance, this Court directs the learned Judicial Magistrate (Additional Mahila Court-JM Level), Perambalur, to dispose of the case in C.C.No.213 of 2022, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

7. With the above direction, this criminal original petition stands disposed of.

22-01-2026 MRN To 1.The Judicial Magistrate (Additional Mahila Court-JM Level), Perambalur.

2.The Inspector of Police, Arumbavoor Police Station, Perambalur District.

Crime No.453/2021 3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

MRN 22-01-2026