K.Jeyaram v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA K.Jeyaram Petitioner(s) Vs

1. The State Rep. By The Inspector of Police Central Crime Branch Team-25, Anti Land Grabbing Special Cell-2, Vepery, Chennai- 600 007.

Cr.No. 52/2013.

2.C.Sornam 3.A.Chandran (Died) Respondent(s) PRAYER: The criminal original petition filed under Section 528 of BNSS, 2025 to direct the Learned Judge, Metropolitan Magistrate for trial of CCB cases of Cheating and CB-CID Metro Cases at Egmore to expedite the pending trial in C.C.No. 5951/2023 and dispose as speedy as possible and thus render justice.

For Petitioner(s):

Mr.N.A.Ravindran For Respondent(s):

Mr.S.Santhosh Govt.Advocate (Crl.side) for R1

ORDER

Aggrieved by the conduct of the respondent police in not cooperating for the speedy disposal of the case, the present petition has been filed seeking a direction to the learned Magistrate to expedite the pending trial in C.C.No.5951 of 2023.

2.Mr.N.A.Ravindran, learned counsel for the petitioner submitted that the petitioner is a senior citizen aged about 74 years. On the complaint given by him, a case in crime No.52 of 2013 was registered. However, the respondent police has taken 10 years for filing the final report and the case was taken up for trial in C.C.No.5951 of 2023. Since the Investigating Officer is not appearing to give evidence, the case is being delayed.

3.The learned Govt.Advocate (Crl.side) for the first respondent submitted that there are 13 witnesses in this case and as on today, 12 witnesses have been examined. The case now stands posted for examination of the Investigating Officer on 09.12.2025. He further submitted that on that date, the Investigating Officer will appear before the trial Court for giving evidence and the respondents are cooperating for speedy disposal of the case.

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 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 74 years and this being an exceptional circumstance in the opinion of this Court, a direction is issued to the learned trial Judge to complete the trial as expeditiously as possible, preferably within a period of three months from 09.12.2025.

6. With the above directions, this criminal Original Petition is disposed of with a direction to the Investigating Officer to be present before the trial Court on 09.12.2025 and to cooperate for the speedy disposal of the trial. 03-12-2025 Index:Yes/No Internet:Yes sms

To 1.The Inspector of Police Central Crime Branch Team-25, Anti Land Grabbing Special Cell-2, Vepery, Chennai- 600 007.

Cr.No. 52/2013.

2. The Learned Judge, Metropolitan Magistrate for trial of CCB cases of Cheating and CB-CID Metro Cases at Egmore.

3.The Public Prosecutor High Court, Madras.

A.D.JAGADISH CHANDIRA J.

sms 03-12-2025