A.Vijayakumar @ Kozhipannai Vijayakumar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

1. A.Vijayakumar @ Kozhipannai Vijayakumar

2. A.Sudesh Anand @ Palur Sudesh Anand

3. M.Raja @ Paramakudi Raja

...Petitioners

Vs.

1.

State rep. by its, Inspector of Police, D-2 Chengalpattu Taluk Police Station, Chengalpattu.

(Crime No. 524 of 2007) 2.

Palanivelrajan

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023 to call for the records in S.C.No.36 of 2015 on the file of District and Sessions Court at Chengalpattu and quash the entire proceedings in the Charge Sheet. For Petitioners : Mr.S.John Josh For R1 : Mr.S.Santhosh, Government Advocate (Crl.Side) 1/6

ORDER

This criminal original petition has been filed to quash the proceedings in S.C.No.36 of 2015 on the file of District and Sessions Court, arising out of the FIR in Crime No.524 of 2007 registered for the offences under Sections 147, 148, 506(i) of IPC read with Section 3(1) of TNPPDL Act.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the 1st respondent submitted that the trial has commenced in this case and twenty six (26) witnesses have been examined so far.

3. At this juncture, the learned counsel appearing for the petitioners submitted that the case is pending from the year 2015 and hence, a direction may be issued to the trial Judge, to complete the trial within a specified period.

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

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5. 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).

6. 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.

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7. Considering the facts and circumstances of this case and also considering that the case which arises out of the FIR of the year 2007, is of the year 2015 and the same has been pending for more than ten years, which, in the opinion of this Court is an exceptional circumstance, this Court directs the learned District and Sessions Judge, Chengalpattu, to dispose of the case in S.C.No.36 of 2015, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

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

12.02.2026 dsn Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6

To:

1. The District and Sessions Court, Chengalpattu.

2. The Inspector of Police, D-2 Chengalpattu Taluk Police Station, Chengalpattu.

3. The Public Prosecutor, Madras High Court.

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A.D.JAGADISH CHANDIRA, J.

dsn 12.02.2026 6/6