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Madras High CourtCRL OP/21130/2025dismissed with direction

A.Mohammed Azarudeen v. State Rep By Its

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 ---

1. A.Mohammed Azarudeen

2. Abdul Kadhar

3. Rahmathunnisha .. Petitioners Vs.

1. State rep. by its Inspector of Police, All Women Police Station, Vaniyambadi, Thirupathur District.

2. S.Sumaya Nasreen .. Respondents Criminal Original Petition filed under Section 528 of the BNSS to direct the Judicial Magistrate, Vaniyambadi to dispose of C.C.No.207 of 2023 as expeditiously within the time frame that may be fixed by this Court. For petitioner : Mr.M.Abdul Kareem For respondents: Dr.C.E.Pratap, Govt. Advocate (Crl. Side) for R-1

ORDER

This petition is filed to direct the Judicial Magistrate, Vaniyambadi to dispose of C.C.No.207 of 2023 expeditiously within the time frame that may be fixed by this Court.

2. In the above context, it is useful to notice the direction given by the 1 / 4

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. Hence, this Court is not inclined to give any time limit for disposal of C.C.No.207 of 2023. Therefore, this petition is dismissed. However, the trial Court is directed to expedite the hearing of the case and dispose of C.C.No.207 of 2023 as early as possible, as per the roster. 28.07.2025 cs 2 / 4

To

1. The Inspector of Police, All Women Police Station, Vaniyambadi, Thirupathur District.

2. The Public Prosecutor, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs 28.07.2025 4 / 4