J.Victor Santhosh v. The State Of Tamilnadu Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA J.Victor Santhosh Petitioner(s) Vs The State of Tamilnadu Rep. by The Inspector of Police Keelapalur police station, Ariyalur District.

Respondent(s) PRAYER Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to issue suitable directions to the learned Chief Judicial Magistrate to expedite the trial proceedings in C.C.No.50/2023 and dispose the case within the reasonable time as directed by this Court. For Petitioner(s):

Mr.R.Ganeshbabu For Respondent(s):

Mr.S.Santhosh, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the Chief Judicial Magistrate, Ariyalur, to expedite trial and dispose of the case in C.C.No.50 of 2023 within a stipulated time.

2. The learned Government Advocate (Crl. Side) submitted that case in C.C.No.50 of 2023 is pending for commencement of trial and there are totally twelve witnesses to be examined and the respondent police will co-operate for the speedy disposal of the case.

3. 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 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." (emphasis supplied by this Court).

4. 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, FIR is of the year 2019 and considering the pendency of the case, and this being an exceptional

circumstance in the opinion of this Court, a direction is issued to the learned trial Judge viz., Chief Judicial Magistrate, Ariyalur to complete the trial in C.C.No.50 of 2023 as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

5. With the above directions, this criminal Original Petition is disposed of.

02-12-2025 vum Index:Yes/No To

1. The Inspector of Police Keelapalur police station, Ariyalur District.

2. The Public Prosecutor, Madras High Court, Chennai.

A.D.JAGADISH CHANDIRA J.

vum 02.12.2025