Palaniyappan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18962 of 2025 Palaniyappan ... Petitioner Vs

1. The Superintendent of Police, Namakkal, Namakkal District.

2. The State of Tamil Nadu, Rep. By the Inspector of Police, District Crime Branch, Namakkal District. ... Respondents PRAYER:

Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the learned Judicial Magistrate, Paramathi Velur to expedite the trial in CC.No.15 of 2021 within a time frame. For Petitioner : Mr.C.Elamurugan 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 learned Judicial Magistrate, Paramathi Velur to expedite the trial in CC.No.15 of 2021 within a time frame.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondentPolice 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. However, the learned Judicial Magistrate is directed to dispose of the case in CC.No.15 of 2021 in accordance with law early as possible and as per roaster.

5. With the abovesaid direction, this Criminal Original Petition is disposed of.

09.07.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Judicial Magistrate, Paramathi Velur

2. The Superintendent of Police, Namakkal, Namakkal District.

3. The State of Tamil Nadu, Rep. By the Inspector of Police, District Crime Branch, Namakkal District.

4. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.18962 of 2025 09.07.2025