Pushparajah @ Pookutti Kanna v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Pushparajah @ Pookutti Kanna ..Petitioner(s) Vs State Rep by Deputy Superintendent of Police, Villupuram Q Branch CID, Villupuram District.

..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the learned Judicial Magistrate No.I, Chengalpattu to dispose the case in C.C.No.878 of 2022 pending before them within the time stipulated time as fixed by this Court.

For Petitioner(s):

Mr.R.Radha Pandian For Respondent(s):

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

ORDER

This Criminal Original Petition has been filed by the petitioner seeking expeditious disposal of C.C.No.878 of 2022 pending on the file of the Judicial Magistrate Court No.I, Chengalpattu, within a stipulated time.

2.

When the matter was taken up for hearing today, the learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner is facing trial in C.C.No.878 of 2022 for the offences punishable under Sections 420, 465, 468, 471, 353, 506(ii), 212 and 34 IPC, Section 14A(b) of the Foreigners Act and Section 12(1)(c) of the Passport Act. He further submitted that there are totally 17 accused persons in the said case and the case has been split up in respect of 16 accused. Most of the accused, barring three, are Sri Lankan nationals. There are about 200 witnesses in the case and as on date, the case stands posted for alteration of charges and examination of witnesses on 20.02.2026. Apart from the above case, the petitioner is also facing trial in another case registered under the NDPS Act. The witnesses are spread across the States of Tamil Nadu and Karnataka and steps are being taken to complete the trial at the earliest. However, no specific time frame can be fixed at this stage.

3.

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

4.

At the outset, it is pertinent to note that this Court is cognizant of the judgment of the Hon'ble Supreme Court, in High Court Bar Association, Allahabad vs. State of Uttar Pradesh reported in (2024) 6 SCC 267. The relevant portion of the said judgment reads as under:

"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.

Taking into consideration the fact that most of the accused are Sri Lankan nationals and also the involvement of the petitioner in another case under the NDPS Act, this Court directs the learned Judicial Magistrate No.I, Chengalpattu, to dispose of the case in C.C.No.878 of 2022, at the earliest.

7.

With the above direction, this Criminal Original Petition stands disposed of.

09-02-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Judicial Magistrate No.I, Chengalpattu. 2.The Deputy Superintendent of Police, Villupuram Q Branch CID, Villupuram District.

3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

VKR 09-02-2026