M.Rabeek Mohamed v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE P.VELMURUGAN M.Rabeek Mohamed ... Petitioner Vs.
1.
The Superintendent of Police, District Police Office, Vellore District.
2.
The Inspector of Police, BS1 South Police Station, Vellore, Vellore District.
3.
Jenitta ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the learned Judicial Magistrate No.1, Vellore to expedite trial in Crl.M.P.No.13086 of 2023 and dispose the same within the time fixed by this Court by following due process of law.
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For Petitioner : Mr.S.Anbazhagan For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed to direct the Judicial Magistrate No.1, Vellore, to expedite trial in Crl.M.P.No.13086 of 2023 and dispose the same within the time as fixed by this Court.
2. It would be appropriate to note that since thousands of cases are pending in the Courts and the litigants are awaiting in a long queue, the Hon'ble Supreme Court in the case of Sangram Sadashiv Suryavanshi Vs. The State of Maharashtra in Criminal Appeal No.4758 of 2024 dated 25.11.2024 has observed that the High Courts are fixing time-bound schedule for conclusion of trial in a routine manner, despite the decision of the Constitution Bench of the Supreme Court in the case of High Court Bar 2/5
Association, Allahabad vs. State of Uttar Pradesh reported in (2024) 6 SCC 267, which 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."
3. In view of the above decision of the Hon'ble Supreme Court, this Court is not inclined to fix any specific time limit to expedite the trial. However, the learned Judicial Magistrate No.1, Vellore, is directed to complete the trial in Crl.M.P.No.13086 of 2023 as early as possible as per roaster. 3/5
4. Accordingly, this Criminal Original Petition is dismissed. 12.06.2025 Index : Yes / No Speaking Order : Yes / No ms To 1.
The Judicial Magistrate No.I, Vellore.
2.
The Superintendent of Police, District Police Office, Vellore District.
3.
The Inspector of Police, BS1 South Police Station, Vellore, Vellore District.
4.
The Public Prosecutor, High Court, Madras.
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P.VELMURUGAN. J.
ms 12.06.2025 5/5