T.Gandhimathi v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA T.Gandhimathi W/o.Dr. Thirugnanasambandam, 6 Kamatchi Joshiyar Street, Kumbakonam- 612 001.

Petitioner(s) Vs The State Rep by, The Inspector of Police, Central Crime Branch, Team II, EDF-1, Vepery, Chennai -07.

Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 Cr.P.C. to order speedy trial in C.C.No. 398 of 2024 and direct that the trial be completed within a time stipulated by this Court.

For Petitioner ::

Mr.Colonel S. Ganesan for M/s. Colonel and Ganesan Associates For Respondent :: Mr.S. Santhosh Govt. Advocate (Crl. Side) 1\5

ORDER

This criminal original petition is filed to order speedy trial in C.C. No. 398 of 2024 pending on the file of learned Metropolitan Magistrate for Exclusive trial of CCB cases and CBCID Metro cases, Egmore, Chennai and for a direction to complete the trial within a stipulated time. 2.

Learned counsel for the petitioner submitted that the petitioner is a senior citizen, aged 71 years, suffering from various health ailments. The petitioner had filed a complaint against the accused, which came to be registered in Crime No. 16 of 2022 for offences under Section 406, 420, 465, 467, 468, 471 and 120(B) IPC and after the filing of the final report, the case has been now taken up by the learned Metropolitan Magistrate for Exclusive trial of CCB cases and CBCID Metro cases, Egmore, Chennai, in C.C. No. 398 of 2024. Learned counsel submitted that since the petitioner is aged, the present petition has been filed seeking speedy trial in the said calendar case. 3.

Learned Government Advocate (Crl.Side) submitted that totally, there are three accused, 14 witnesses are to be examined and the case stands posted to 17.12.2025 for commencement of trial. 4.

It is pertinent to state that a 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, has held that the constitutional courts, in 2\5

the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other court. The relevant portion of the said decision for the sake of ready reference is reproduced below: "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 timebound 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."

(emphasis supplied by this Court).

5. It has also been held in the aforesaid extracted portion that in exceptional circumstances, constitutional courts may issue directions for time bound disposal of cases. In the present case, considering that the petitioner is a senior citizen aged about 71 years and this being an exceptional circumstance in the opinion of this Court, a direction is issued to the learned Metropolitan Magistrate for Exclusive trial of CCB cases and CBCID Metro cases, Egmore, Chennai, to complete the trial in C.C. No. 398 of 2024, as expeditiously as possible, preferably, within a period of eight months from 17.12.2025. 3\5

A.D. JAGADISH CHANDIRA,J.

nv 6.

The criminal original petition stands disposed of with the above direction.

16-12-2025 nv To

1. The Metropolitan Magistrate for exclusive trial of CCB and CBCID Metro cases, Egmore, Chennai.

2. The Inspector of Police, Central Crime Branch, Team II, EDF-1, Vepery, Chennai -07.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P. No. 34397 of 2025 4\5

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