Idfc First Bharat Limited v. The State Represented Through, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN IDFC First Bharat Limited, Represented by its Assistant General Manager, Mr.J.Santhosh Ganesh, S.A.N.Complex, No.4, Williams Road, Cantonment, Tiruchirapalli 620 001.

... Petitioner Vs The State Represented through, The Inspector of Police, S-11 Tambaram Police Station, Chennai 600 045. ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to direct the Learned Judicial Magistrate, Tambaram to dispose C.C.No.322 of 2019 on an expeditious basis within the timeframe fixed by this Hon'ble Court. For Petitioner : Mr.L.Thiyagaiya For Respondent : Mr.S.Sugendran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Judicial Magistrate, Tambaram to dispose the case in C.C.No.322 of 2019 within the time frame fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police 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."

4. In view of the above decisions of the Hon'ble Supreme Court, this Court is not inclined to fix any specific time limit. The case is of the year 2019, hence, the trial court is directed to expedite the trial in C.C.No.322 of 2019 and dispose of the same as early as possible.

5. Accordingly, this Criminal Original Petition is dismissed. 09.01.2025 mfa Index:Yes/No Speaking Order: Yes/No

To 1.The Learned Judicial Magistrate, Tambaram.

2.The Inspector of Police, S-11 Tambaram Police Station, Chennai 600 045.

3.The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa 09.01.2025