M/S. Cholamandalam Ms General Insurance Co.Ltd., v. State Rep.By, Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA M/s. Cholamandalam MS General Insurance Co.Ltd., Represented by its Deputy General Manager, Mr.Christone.D, Dare House, Old No.234, New No.2, NSC Bose Road, Parrys, Chennai - 600 001.

..Petitioner Vs

1. State represented by The Inspector of Police, Central Crime Branch I, Chennai - CCB.

2. Lavanya .R

3. Janani

4. Sudharsan Babu

5. Omera Dafiyah

6. Arun Pandiyan ..Respondents Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to allow this petition and pass an order for speedy disposal of the proceedings in CC.No.6020 of 2023 pending on the file of learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Cases, at Egmore within the time frame to be fixed by this Court

For Petitioner :

Mr.Arfat Mohammed. A For Respondents :

Mr.S.Santhosh Government Advocate (Criminal Side) for R1

ORDER

This Criminal Original Petition has been filed by the petitioner seeking a speedy disposal of the proceedings in CC.No.6020 of 2023 pending on the file of learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Metro Cases, at Egmore within a stipulated time.

2.

Learned counsel appearing for the petitioner submitted that based on the complaint given by the petitioner/de facto complainant against respondents 2 to 5, the first respondent Police registered a case in Crime No.20 of 2020 on 14.01.2020, for the offences under Sections 408, 420, 465, 468 and 477A of IPC. He further submitted that after completion of investigation, the final report was filed and the same was taken cognizance of on the file of the Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Metro Cases, at Egmore, in C.C.No.6020 of 2023. However, the accused are not co-operating for the trial and it is still pending. Therefore, the learned counsel appearing for the petitioner

prayed for the indulgence of this Court to direct early disposal of the case. 3.

Learned Government Advocate (Criminal Side) appearing for the first respondent Police submitted the case is of the year 2023 and there are totally five accused in this case. He further submitted that A2, A4 and A5 have filed petitions for discharge and the same are pending. 4.

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

5.

It is pertinent to state that a Constitution Bench of the Hon'ble 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).

6.

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

7.

Considering the fact that case is of the year 2023 and discharge petitions filed by A2, A4 and A5 are pending, this court is not inclined to issue any direction to learned Metropolitan Magistrate for the early disposal of the case in C.C.No.6020 of 2023. Therefore, this Criminal Original Petition stands dismissed.

30-01-2026 MRN

To 1.The Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Cases, at Egmore

2. The Inspector of Police, Central Crime Branch I, Chennai - CCB.

3. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

MRN 30-01-2026