Kalyanakumar v. M.G.Balasubramaniyam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2026
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Kalyanakumar ... Petitioner -VsM.G.Balasubramaniyam ... Respondent Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S, to issue a direction to direct the Chief Judicial Magistrate, Ariyalur to expedite trial in C.C.No.89 of 2019 within stipulated time limit. For Petitioner : Mr.M.Vivek O RDER This Criminal Original Petition has been filed by the petitioner seeking expeditious disposal of C.C.No.89 of 2019 pending on the file of the Chief Judicial Magistrate Court, Ariyalur.
2. The learned counsel appearing for the petitioner submitted that the respondent / complainant is prolonging the case. Hence, he prays for early disposal.
3. Heard the 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 is of the year 2019 and the same has been pending for the past seven years, this Court directs the learned Chief Judicial Magistrate ,Ariyalur, to dispose of the case in C.C.No.89 of 2019, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.
7. With the above direction, this Criminal Original Petition stands disposed of.
19.02.2026 Index : Yes/No Speaking/Non Speaking order rpl To The Chief Judicial Magistrate, Ariyalur
A.D.JAGADISH CHANDIRA . J, rpl 19.02.2026