Venkatesappa v. State Of Tamilnadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Venkatesappa ..Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, C.C.I.W. C.I.D., P.S., Krishnagiri, (Crime No.1/2015) ..Respondent Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Judicial Magistrate-II, Krishnagiri to expedite the trial in C.C.No.111 of 2021 on day-to-day basis within the stipulated time.

For Petitioner :

Mr.T.Sundaravadanam For Respondent :

Mr.S.Santhosh, Government Advocate (Criminal Side)

ORDER

This criminal original petition has been filed by the petitioner/accused seeking expeditious disposal of C.C.No.111 of 2021 pending on the file of the learned Judicial Magistrate-II, Krishnagiri, arising out of the FIR in Crime No.1 of 2015 registered for the offences under Sections 465, 467, 471, 477A and 408

r/w. Section 109 of the 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 (Crl. Side) appearing for the respondent submitted that the Presiding Officer was not posted for the past 1 1/2 years. Now only, the learned Judge has taken charge and the trial is being taken once in a week before the learned Judicial Magistrate No.II, Krishnagiri and that the case is now posted on 20.03.2026 for examination of LWs.4 and 5.

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 First Information Report is of the year 2015 and the same has been pending for the past ten years, which, in the opinion of this Court is an exceptional circumstance, this Court directs the learned Judicial Magistrate No.II, Krishnagiri, to dispose of the case in C.C.No.111 of 2021, as expeditiously as possible, preferably within a period of four months from 20.03.2026, i.e., the next date of hearing.

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

04-02-2026 SRM

A.D.JAGADISH CHANDIRA, J.

SRM To

1. The Judicial Magisrate-II, Krishnagiri.

2. The Inspector of Police, C.C.I.W. C.I.D., P.S., Krishnagiri.

3. The Public Prosecutor, High Court of Madras.

04-02-2026