M/S.Venkat Leather Exports, v. Deepa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN M/s.Venkat Leather Exports Rep. by its Proprietor K.Manivannan No.16, 3rd Street, Sripuram Thiruneermalai Road, Chrompet Chennai - 600 044 ... Petitioner Vs.

Mrs.Deepa ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the learned Judicial Magistrate-cum-District Munsif to complete the trial expeditiously in S.T.C.No.218 of 2023 pending on the file of the Judicial Magistrate-cum-District Munsif at Pallavaram within a stipulated time frame. For Petitioner : Mr.R.P.Rajkumar Alagesh 1/6

ORDER

This Criminal Original Petition has been filed by the petitioner/complainant to direct the learned Judicial Magistrate-cum-District Munsif, Pallavaram to complete the trial expeditiously in S.T.C.No.218 of 2023 within a stipulated time frame.

2. Since no adverse order is being passed against the respondent, notice to the respondent is dispensed with.

3. The learned counsel for the petitioner submitted that the petitioner is a senior citizen and a direction may be issued to the trial Court to dispose of the case in S.T.C.No.218 of 2023 within a stipulated time frame.

4. 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 time-bound schedule 2/6

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."

5. 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-cum-District Munsif, Pallavaram is directed to dispose the case in S.T.C.No.218 of 2023 as early as possible. 3/6

6. With the above observations, this Criminal Original Petition is disposed of.

07.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To The Judicial Magistrate-cum-District Munsif Pallavaram 5/6

P.VELMURUGAN. J.

Ksa-2 07.01.2025 6/6