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Madras High CourtCRL OP/17103/2025dismissed

Thangavel.R v. The State Rep. By The Inspector Of Police,

2025-06-13Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Thangavel R.

... Petitioner Vs.

State rep.by Inspector of Police, District Crime Branch, Namakkal District.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to direct the learned Judicial Magistrate, Thiruchengode, Namakkal District, to expedite the trial in C.C.No.77 of 2023. For Petitioner : Mr.S.Suresh For Respondent : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition is filed seeking a direction to the Judicial Magistrate, Thiruchengode, Namakkal District, to expedite the trial in C.C.No.77 of 2023.

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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 timebound 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 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 2/4

trial. However, the learned Judicial Magistrate, Thiruchengode, Namakkal District, is directed to expedite and complete the trial in C.C.No.77 of 2023, as early as possible as per roaster.

4. Accordingly, this Criminal Original Petition is dismissed. 13.06.2025 Index : Yes/No Speaking Order : Yes/No ms To 1.

The Judicial Magistrate, Thiruchengode, Namakkal District.

2.

The Inspector of Police, District Crime Branch, Namakkal District.

3.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 13.06.2025 4/4