Madras High CourtCRL OP/17801/2025dismissed with direction

Nallusamy v. State Rep. By Its

2025-06-20Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17801 of 2025 Nallusamy ... Petitioner Vs State Rep. By its, Sub-Inspector of Police, R-11, Ramapuram Police Station, Ramapuram, Chennai ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the Judicial Magistrate Court No.1, Poonamallee, to expedite the trial in C.C.No.450 of 2023 and conclude the same within a stipulated time limit.

For Petitioner : Mr.S.Senthilvel For Respondent : 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 Court No.1, Poonamallee, to expedite the trial Court in C.C.No.450 of 2023 and conclude the same within a stipulated time limit.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent and perused the materials available on record.

3. 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 a timebound schedule for conclusion of the trials in a routine manner despite the decisions 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."

4. In view of the above decisions of the Hon'ble Supreme Court, this Court is not inclined to fix any specific time limit. The case is of the year 2023, hence, the trial court is directed to expedite the trial in C.C.No.450 of 2023 and dispose of the same as early as possible and as per roaster.

5. Accordingly, this Criminal Original Petition is dismissed. 20.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. Judicial Magistrate Court No.1, Poonamallee

2. The Sub-Inspector of Police, R-11, Ramapuram Police Station, Ramapuram, Chennai .

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.17801 of 2025 20.06.2025