Madras High CourtCRL OP/21088/2025dismissed with direction

S.P.Sivakumar v. The State Rep By, The Inspector Of Police,

2025-07-28Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.07.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --- S.P.Sivakumar .. Petitioner Vs.

State, rep. by The Inspector of Police, K-2 Ayanavaram Police Station, Medavakkam Tank Road, Chennai-600 010.

.. Respondent Criminal Original Petition filed under Section 528 of the BNSS praying to issue appropriate directions to the Vth Metropolitan Magistrate, Egmore, Chennai, to expedite and conclude the trial in C.C.No.1512 of 2024 arising out of Crime No.355 of 2023 on the file of K.2 Ayanavaram, Police Station, within a stipulated time frame as may be fixed by this Court. For petitioner : M/s.Periaswamy.I.

For respondent: Dr.C.E.Pratap, Govt. Advocate (Crl, Side)

ORDER

This petition is filed to issue appropriate directions to the Vth Metropolitan Magistrate, Egmore, Chennai, to expedite and conclude the trial in C.C.No.1512 of 2024 arising out of Crime No.355 of 2023 on the file of K.2 Ayanavaram, Police Station, within a stipulated time frame as may be fixed by this Court. 1 / 4

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 decision of the Honourable Supreme Court, this Court is not inclined to fix any time limit for disposing of the case. Therefore, this petition is dismissed. However, the trial Court is directed to expedite the investigation and dispose of the case as early as possible, as per the Roster. 28.07.2025 cs To 2 / 4

1. The Inspector of Police, K-2 Ayanavaram Police Station, Medavakkam Tank Road, Chennai-600 010.

2. The Public Prosecutor, High Court, Madras.

3. Vth Metropolitan Magistrate, Egmore, Chennai. 3 / 4

P.VELMURUGAN, J cs 28.07.2025 4 / 4