S.Rajkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Rajkumar, Partner, M/s.Letchumini Finance Limited, No.9/33, Chiritha Rever Side Apartment, Wood Creek Road, Nandambakkam, Manappakkam, Chennai.

...Petitioner

Vs.

State rep. by, The Inspector of Police, Central Crime Branch - I, Chennai.

Crime No.293 of 2019.

...Respondent

Criminal Original Petition filed under Section 528 of BNSS, 2023, seeking to direct the learned Metropolitan Magistrate for exclusive trial of CCB Cases relating to cheating cases in Chennai and CBCID Metro Cases, to dispose the case pending in C.C.No.632 of 2023 on the file of the Metropolitan Magistrate Court for exclusive trial of CCB Cases relating to cheating cases in Chennai and CBCID Metro Cases as expeditiously as possible without any further delay within the time stipulated by this Court. 1/6

For Petitioner : Mr.Thiyagarajan.B For Respondent : Mr.S.Santhosh, GA(Crl. Side)

ORDER

This criminal original petition has been filed by the petitioner/de facto complainant seeking expeditious disposal of C.C.No.632 of 2023 pending on the file of the Metropolitan Magistrate for exclusive trial of CCB Cases relating to cheating cases in Chennai and CBCID Metro Cases, Chennai, arising out of the FIR in Crime No.293 of 2019 registered for the offences under Sections 406, 420, 465, 467, 471, 506(I) and 34 of IPC on the file of the respondent police, within a stipulated time.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent submitted that the trial in this case has already commenced and out of eleven witnesses, five witnesses have already been examined and that as the post of Metropolitan Magistrate for exclusive trial of CCB Cases relating to cheating cases in Chennai and CBCID Metro Cases, Chennai is vacant, the case is kept pending. 2/6

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.

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6. Considering the submission made by the learned counsel on either side and also taking into consideration the fact that the case arises out of the FIR of the year 2019 and the same is pending for the past about eight years, which, in the opinion of this Court, is an exceptional circumstance, this Court directs the Metropolitan Magistrate for exclusive trial of CCB Cases relating to cheating cases in Chennai and CBCID Metro Cases, Chennai, to dispose of the case in C.C.No.632 of 2023, as expeditiously as possible, preferably within a period of three (3) months from the date of filling up of vacancy.

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

25.02.2026 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6

To:

1. The Metropolitan Magistrate for exclusive trial of CCB Cases relating to cheating cases in Chennai and CBCID Metro Cases, Chennai.

2. The Inspector of Police, Central Crime Branch - I, Chennai.

3. The Public Prosecutor, Madras High Court.

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A.D.JAGADISH CHANDIRA, J.

skt 25.02.2026 6/6