Abhinav Chandar v. The State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Abhinav chandar ..Petitioner Vs

1. The State of Tamil Nadu Rep by The Inspector of Police, Gobichettipalayam Police Station, Erode.

(Crime No.610 of 2021)

2. Seethalakshmi ..Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Judicial Magistrate-I, Gobichettipalayam, Erode, to dispose of the proceedings in C.C.No.154 of 2022 on merits within a reasonable time frame.

For Petitioners :

Mr.K.S.Karthik Raja For Respondent(s):

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.154 of 2022 pending on the file of the

Judicial Magistrate-I, Gobichettipalayam, Erode, arising out of the FIR in Crime No.610 of 2021 registered for the offences under Sections 279 and 304A of the IPC on the file of the 1st respondent, within a stipulated time.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the 1st respondent police submitted that there are seventeen (17) witnesses in this case and that the case is now posted on 17.02.2026 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 which arises out of the FIR registered in 2021, is of the year 2022 and the same has been pending for the past four years, which, in the opinion of this Court is an exceptional circumstance, this Court directs the learned Judicial Magistrate-I, Gobichettipalayam, Erode, to dispose of the case in C.C.No.154 of 2022, as expeditiously as possible, preferably within a period of six months from 17.02.2026, i.e., the next date of hearing.

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

10-02-2026 Index: Yes/No Speaking/Non-speaking order SRM

A.D.JAGADISH CHANDIRA, J.

SRM To

1. The Judicial Magistrate-I, Gobichettipalayam, Erode.

2. The Inspector of Police, Gobichettipalayam Police Station, Erode.

3. The Public Prosecutor, High Court of Madras.

10-02-2026