D.Kannadasan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM:

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

State Represented by The Sub-Inspector of Police, Devala Police Station, Nilgiris District.

(Crime No. 693 of 2017) ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the Trial Court to complete the trial in C.C. No.27 of 2024 on the file of the Judicial Magistrate, Panthalur within a specified period of time.

For Petitioner : Mr. M. Palanisamy For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner seeking to complete the trial in C.C.No.27 of 2024 pending on the file of the Judicial Magistrate, Panthalur, within a stipulated time. 1/5

2.

Learned counsel appearing for the petitioner submitted that based on the complaint given by one Raguh Babu, against the petitioner, the respondent police registered a case in Crime No.693 of 2017 on 14.11.2017, for the offences under Sections 420 IPC and 15(3) of the Indian Medical Council Act, 1956. He further submitted that after completion of investigation, the final report was filed and the same was taken cognizance on the file of the Judicial Magistrate, Panthalur, in C.C.No.27 of 2024. He also submitted that the petitioner is a senior citizen aged about 68 years. Therefore, the learned counsel appearing for the petitioner prayed for the indulgence of this Court to direct the Trial Court to complete the trial.

3. Learned Government Advocate (Criminal Side) appearing for the respondent submitted that the case was registered in the year 2017 and the final report was filed only after seven years. He further submitted that there are 13 witnesses in this case, out of whom, one witness has been examined and that the case now stands posted for examination of further witnesses on 02.03.2026.

4.

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

2/5

5.

It is pertinent to state that a Constitution Bench of the Hon'ble 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.

3/5

7.

Considering the fact that the petitioner is a sexagenarian and that the case arises out of the FIR of the year 2017 which, in opinion of this Court are exceptional circumstances, this Court directs the Judicial Magistrate, Panthalur, to complete the trial in C.C.No.27 of 2024, as expeditiously as possible, preferably within a period of six months from the next date of hearing i.e., on 02.03.2026. 8.

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

26.02.2026 AT To 1.The Judicial Magistrate, Panthalur.

2.The The Sub-Inspector of Police, Devala Police Station, Nilgiris District.

3.The Public Prosecutor, High Court of Madras.

4/5

A.D.JAGADISH CHANDIRA, J.

AT 26.02.2026 5/5