Mr.R.Palanichamy v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.1498 of 2026 Mr.R.Palanichamy ..Petitioners Vs

1. The State Rep. by The Inspector of Police, Udumalapet Police Station, Tiruppur District.

2. U.Subburaj ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to C.C.No.176 of 2023 pending on the file of the Judicial Magistrate Court No.1, Udumalapet, Tiruppur District and quash the same.

For Petitioner :

Mr.K.Murali For Respondent :

Mr.K.M.D.Muhilan Additional Public Prosecutor For R1

ORDER

The present Criminal Original Petition has been filed to quash the proceedings in C.C.No.176 of 2023, pending on the file of the Judicial Magistrate Court No.1, Udumalapet, Tiruppur District.

2.

When the matter was taken up for hearing today, the learned Additional Public Prosecutor appearing for the first respondent submitted that the trial in the case has commenced and the de facto complainant has not supported the case of the prosecution and he has been treated as hostile and cross-examined by the prosecution.

3.

The learned counsel appearing for the petitioner sought time. 4.

Heard the learned Additional Public Prosecutor for the first respondent and perused the materials available on record. Considering the submission of the learned Additional Public Prosecutor and on perusal of the materials available on records including the deposition, this Court is of the opinion that no useful purpose will be served in keeping this Criminal Original Petition pending. Hence, this Criminal Original Petition stands dismissed. Consequently, connected criminal miscellaneous petition is closed. However, as stated above, since trial has commenced and the de facto complainant is said to have turned hostile, the learned Judicial Magistrate No.1, Udumalapet, Tiruppur District, is directed to proceed with examination of other witnesses and complete the trial as expeditiously as possible preferably within a period of two months from the date of receipt of a copy of this order. While holding so, this Court is cognizant of the judgment in High Court Bar Association, Allahabad vs. State of Uttar Pradesh reported

in (2024) 6 SCC 267, wherein it was 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 and in exceptional circumstances, constitutional courts may issue directions for time bound disposal of cases.

23-02-2026 Index: Yes/No Speaking/Non-speaking order SRM To

1. The Judicial Magistrate Court No.1, Udumalapet, Tiruppur District.

2. The Inspector of Police, Udumalapet Police Station, Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

SRM 23-02-2026