Madras High CourtCRL OP/30096/2024dismissed

Srinivasan v. Rajagopal

2025-01-20Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN V.Srinivasan ... Petitioner Vs.

R.Rajagopal ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS to direct the learned Judicial Magistrate, Fast Track Court (Magistrate level) Hosur, to dispose off the case registered in STC No.1 of 2020 within a time fixed by this Court.

For Petitioner : Mr.S.C.Vishwanth For Respondent : No appearance

O R D E R

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Fast Track Court (Magistrate level) Hosur, to dispose off the case registered in STC No.1 of 2020 within a time fixed by this Court.

2. Heard the learned counsel appearing for the petitioner 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."

3. In view of the above decisions of the Hon'ble Supreme Court, this Court is not inclined to fix any specific time limit.

4. Accordingly, this Criminal Original Petition is dismissed. 20.01.2025 mfa Index:Yes/No Speaking Order: Yes/No To The Judicial Magistrate, Fast Track Court (Magistrate level) Hosur.

P.VELMURUGAN, J.

mfa 20.01.2025