G.Parthiban v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN G.Parthiban ... Petitioner Vs.

The State rep. by The Inspector of Police Kuniyamuthur Police Station Coimbatore (Crime No.80 of 2023) ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the learned Judicial Magistrate-VII, Coimabatore for speedy trial in C.C.No.1007 of 2024.

For Petitioner : Mr.R.Thirumoorthy For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/6

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the learned Judicial Magistrate-VII, Coimabatore for speedy trial in C.C.No.1007 of 2024.

2. Heard both sides and perused the materials available on record.

3. It is pertinent to state that the Hon'ble Supreme Court has already given a directions to the High Courts not to give directions to the trial Court fixing specific time limit for disposal of cases in a routine manner and pressurise the trial Court to give priority to a particular case.

4. 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 2/6

(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."

5. Therefore, this Court is not inclined to fix any specific time frame to the trial Court to dispose of the case in C.C.No.1007 of 2024 as sought for by the petitioner.

6. However, depending upon the pendency of the case, the learned Magistrate is directed to proceed with the case and dispose of the same as per roster.

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7. With the observations and direction, this Criminal Original Petition is disposed of.

16.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Judicial Magistrate-VII, Coimabatore 2.The Inspector of Police Kuniyamuthur Police Station Coimbatore

3. The Public Prosecutor High Court of Madras, Chennai 5/6

P.VELMURUGAN,J.

Ksa-2 16.07.2025 6/6