B.Rojaramani v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.07.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --- 1 B.Rojaramani

2. B.Saraswathi

3. R.Boopathi .. Petitioners Vs.

1. The State represented by Inspector of Police, AWPS, Sankari, Salem District, Pin code: 637 303.

2. H.Bhagyalakshmi, .. Respondents Criminal Original Petition filed under Section 528 of the BNSS praying to issue direction directing the Judicial Magistrate No.2, Sankari, Salem District for speedy disposal of the case in C.C.No.285 of 2018 on fair trial on daily basis in accordance with law, within a stipulated time that may be fixed by this Court. For petitioners : M/s.T.Uma For respondents: Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R-1

ORDER

This petition is filed to issue direction to the Judicial Magistrate No.2, Sankari, Salem District for speedy disposal of the case in C.C.No.285 of 2018 on fair trial on daily basis in accordance with law, within a stipulated time that may 1 / 4

be fixed by this Court.

2. In the above context, it is useful to notice the direction given by the Honourable Supreme Court in the case of Sangram Sadashiv Suryavanshi Vs. The State of Maharashtra in Criminal Appeal No.4758 of 2024, (arising out of S.L.P.(Criminal) No.13366 of 2024) dated 25.11.2024, observing 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 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." (underline supplied)"

3. In view of the above decision of the Honourable Supreme Court, this Court is not inclined to fix any time limit for disposing of the case in C.C.No.285 of 2018. Therefore, this petition is disposed of with a direction to the trial Court 2 / 4

to expedite the investigation and dispose of the said case as early as possible, as per the Roster.

30.07.2025 cs To

1. The Inspector of Police, AWPS, Sankari, Salem District, Pin code: 637 303.

2. The Public Prosecutor, High Court, Madras.

3. The Judicial Magistrate No.2, Sankari, Salem District. 3 / 4

P.VELMURUGAN, J cs 30.07.2025 4 / 4