Mahesh v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA J.Mahesh

...Petitioner

Vs.

1.

The State rep. by Inspector of Police, Team-V, Central Crime Branch-CCB, Vepery, Chennai - 600 007.

2.

S.Iyyamperumal

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the Metropolitan Magistrate for exclusive trial of CCB cases relating to cheating cases in Chennai and CBCID Metro Cases Court at Egmore, Chennai to complete the trial proceedings in CC.No.3403 of 2017 (Crime No.271 of 2011) within stipulated time.

For Petitioner : Mr.V.T.Narendiran For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1

ORDER

This criminal original petition has been filed by the petitioner/A4 seeking expeditious disposal of CC.No.3403 of 2017 pending on the file of the Court of Metropolitan Magistrate for exclusive trial of CCB cases and CBCID Metro cases at Egmore, Chennai, arising out of the FIR in Crime No.271 of 2011 registered for the offences under Sections 380, 408, 465, 468, 471, 506(ii) and 507 r/w. 109 of IPC on the file of the 1st respondent, within a stipulated time.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the 1st respondent submitted that the petitioner is arrayed as A4 and that the trial has commenced and the case is now posted on 17.12.2025 for examination of LW4 and LWs.8 to 11.

3. Heard learned counsel on either side and perused the materials available on record.

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 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).

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.

6. Considering the facts and circumstances of this case and also considering that the case is of the year 2017 and the same has been pending for the past eight years, this Court directs the Court of Metropolitan

Magistrate for exclusive trial of CCB cases and CBCID Metro cases at Egmore, Chennai, to dispose of the case in CC.No.3403 of 2017, as expeditiously as possible, preferably within a period of six (6) months from 17.12.2025, i.e., the next date of hearing.

7. With the above direction, this criminal original petition stands disposed of.

11.12.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

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

2. The Inspector of Police, Team-V, Central Crime Branch-CCB, Vepery, Chennai - 600 007.

3. The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J.

skt 11.12.2025